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(영문) 서울중앙지방법원 2018.05.04 2017노4798
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of grounds for appeal (mental disorder and sentencing);

A. At the time of committing the instant crime, the Defendant had no or weak ability to discern things or make decisions.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, the defendant may be recognized as having received medical treatment of mental disorder. However, in light of the background leading up to the crime of this case, the means and method of the crime, and the circumstances after the crime, etc., the defendant cannot be deemed to have reached a state where the defendant lacks or lacks the ability to discern things at the time of each crime of this case. Thus, the above assertion by the defendant is without merit.

B. It is recognized that the Defendant’s judgment on the wrongful argument of sentencing is against each of the instant crimes, and that the economic situation as a recipient of basic living benefits is not good, and that the equity should be taken into account with the case where the judgment is to be rendered simultaneously with the past criminal records in the judgment of the lower court.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, circumstances leading to the crime, means and result, scale of the crime, and circumstances after the crime, even if considering the aforementioned circumstances, the sentence imposed by the lower court is deemed appropriate, and the lower court’s judgment exceeded the reasonable bounds of discretion, and the lower court’s discretion exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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