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(영문) 대구고등법원 2013.08.29 2013노284
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing each robbery, was in a state of having no or weak ability to discern things or make decisions due to drinking at the time of the crime, and thus, the lower court did not recognize it, thereby adversely affecting the conclusion of the judgment by misunderstanding the fact concerning the defect or mental and physical disability.

B. The lower court’s sentence of unreasonable sentencing (eight years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant was in a state of drinking alcohol to a certain extent at the time of committing each robbery in the instant case is recognized.

However, in full view of all the circumstances, such as the background leading up to the crime of injury by robbery in this case, the means and method of the crime, the defendant's criminal conduct before and after the crime, and the circumstances after the crime, etc., it is determined that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of injury by robbery in this case.

In the same purport, the court below is correct to recognize the mental disorder of the defendant, and there is no error of misconception of the fact regarding the mental disorder.

B. In 191, the Defendant was sentenced to a punishment for robbery, injury by robbery, or injury by robbery, which is a criminal offense of the same kind, in 1996, murdering in 196, and in 2011, the Defendant was sentenced to a punishment for violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) during the period of parole, and committed each of the instant crimes again during the period of repeated crimes.

The crime against the victim F, among the crime of robbery in this case, is likely to be committed by carrying a knife, which is a deadly weapon, and the act of taking force on the wind, which shows the knife of the victim while making a cell phone charging with the cell phone, is likely to be committed, and the crime is very high.

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