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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.02.06 2013노3920
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disability due to mental retardation and shock control disorder.

B. Considering the circumstances leading up to the instant crime claiming unreasonable sentencing, the lower court’s imprisonment (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. In addition to the circumstances stated in the lower court’s argument of mental retardation, the circumstance that the Defendant, while enging a motor vehicle without a locking, stolen an article and escaped at the parking lot (Article 1 of the original judgment). The background that the Defendant, as the first right 20 of the investigation record, destroyed an article with a stone with a stone and then stolen it (Article 2 of the original judgment), and the process that the Defendant, as the second right 34 of the investigation record, extracted all booms in the motor vehicle in order to conceal the crime (Article 3 of the original judgment), discovered that the Defendant, as the first right 4 to 5 of the investigation record, discovered that the vehicle door was opened, carried a car door, stolen the article, and then escaped (Article 4, 17, 77 of the investigation record), did not appear to have the ability of the Defendant to decide the criminal act in light of the circumstances leading the Defendant, how the Defendant planned the criminal act, how the Defendant’s intention and the content of the criminal act, and how the Defendant attempted to commit things after the criminal act.

Therefore, this part of the defendant's argument is without merit.

B. Although it seems that the defendant's assertion of unfair sentencing is divided into and against his mistake, the amount of damage is not significant, and the degree of mental disorder is not likely to affect the crime of this case, the defendant committed the crime of this case in favor of the defendant, even though he had a history of criminal punishment several times for the same crime, such as the defendant's mental disorder appears to have affected the crime of this case. In particular, the defendant committed the crime of this case during the period of repeated offense.

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