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(영문) 광주지방법원 2015.08.27 2015노1438
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The Defendant committed a crime without suppressing impulse due to mental illness, and was in a state of mental disorder at the time of each of the instant crimes.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

Judgment

A. According to the records of this case as to the existence of mental or physical disorder, even though the defendant suffered from a disease, such as depression, sulphy, and sulphy disorder, the defendant did not have the ability to discern things or make decisions due to mental disorder at the time of committing each of the crimes in this case in light of the circumstances of the crime, the method and method of the crime, and other circumstances before and after the crime.

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

B. The factors of sentencing favorable to the Defendant, including the fact that the Defendant’s mistake of unfair sentencing is recognized, that the Defendant has no record of committing a crime heavier than a suspended sentence, and that the Defendant’s mental state is not good due to depression, etc., or that the Defendant committed a joint larceny in several times under the same several methods after gathering the crime in advance, and committed a crime of larceny. The Defendant stolen the vehicle and used it as two as near the two months, and attempted to commit the larceny. In addition, each of the crimes of this case was very poor in the nature of each of the crimes of this case, the possibility of criticism is high, and the victims want to punish the Defendant.

In addition, the background of the instant crime, circumstances after the instant crime was committed, the age of the accused, character and conduct, environment, etc., various sentencing data shown in pleadings, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (at least one year of imprisonment): Special larceny [decision on the type of imprisonment] basic area, the basic area of larceny [the scope of recommending punishment], the scope of recommending punishment according to the standards for handling multiple crimes from one year to two years, and one year and six months.

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