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(영문) 서울중앙지방법원 2017.12.14 2017노3808
야간주거침입절도미수등
Text

The defendant's appeal is dismissed.

Reasons

Each of the crimes of this case committed by the defendant with mental or physical weakness of the gist of the grounds for appeal is under the influence of alcohol.

The punishment sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

Judgment

According to the records of mental and physical weakness, (36, 95, 96 of the evidence records of 2017, 5361, 2017, 5823, 2017, 5823, 30, 200, 200, 30). The defendant is recognized as having performed drinking at the time of committing each of the crimes of this case, but it is not deemed that the defendant did not have reached a state where he had the ability to discern things or make decisions at the time of committing the crimes of this case. Thus, the defendant's mental and physical weakness assertion is rejected.

The fact that the criminal defendant committed each of the crimes of this case during the period of repeated crime even though he/she had been punished several times, including imprisonment for the same kind of crime, and that he/she did not reach an agreement with the victims is disadvantageous to the defendant.

However, the fact that the defendant reflects the crime of this case, and that the thief crime was committed against the attempted crime and the damage has not been realized is favorable to the defendant.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for the sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair since the sentence imposed by the court below is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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