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(영문) 대구지방법원 2015.05.14 2015노1159
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background of the instant crime, conduct before and after the instant crime, and the means and method of the instant crime, which are acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant did not have the ability to discern things or make decisions at the time of the instant crime.

It is difficult to see that it has reached a weak or weak state.

This part of the defendant's assertion is without merit.

B. The circumstances favorable to the Defendant include: (a) the Defendant recognized the mistake of the instant crime and reflects in depth; (b) the thief was returned to the victim; and (c) the Defendant suffering from dementia.

However, the defendant has a record of criminal punishment, including punishment, and has committed the crime of this case during the period of repeated crime.

Although the Defendant had been sentenced to a fine of KRW 2 million on December 26, 2014, which was one month prior to the instant crime, the nature of the instant crime is heavy.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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