(영문) 서울고등법원 2017.01.20 2016노3850 | 리걸엔진

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Reasons

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(영문) 서울고등법원 2017.01.20 2016노3850

절도등

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The defendant's appeal is dismissed.

Reasons

The Defendant, at the time of each of the instant crimes, was in a state that he/she lacks the ability to discern things or make decisions, due to drinking and the use of the medicine for mental illness.

The punishment of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

Judgment

Although the Defendant asserts mental and physical weakness only in the trial at the court below, the evidence duly adopted and examined at the court below was examined. ① The Defendant stated in the investigative agency that “I drink with disks” (No evidence No. 57 pages) and there was no evidence to prove that there was taking mental illness drugs at the time of each of the instant crimes. ② In the case of the instant crime, 2016 Gohap 417 and 2016 Gohap 465, the Defendant was in a state of being taken in light of the amount of 15 per week at the time of the instant crime, 2016 Gohap 417 and 2016 Gohap465

It seems difficult to view it.

In addition, in full view of the circumstances such as the circumstances leading up to each of the instant crimes, the details and attitudes of the crimes, the circumstances before and after the crimes, and the attitude of the Defendant, the Defendant had weak ability to discern things or make decisions at the time of each of the instant crimes.

It does not seem that it does not appear.

Therefore, the defendant's above assertion is rejected.

The lower court’s judgment on the wrongful assertion of sentencing: (a) the Defendant committed a crime several times for a period not exceeding 15 days due to unfavorable circumstances; (b) the Defendant was likely to cause serious damage due to a fire-fighting crime; and (c) the method of each crime; (d) the Defendant had been subject to punishment several times due to the same thief crimes; and (e) the Defendant committed a second crime in spite of having been punished several times due to the same thief crimes at the time of the instant crime; and (e) the Defendant committed a second crime in spite of having been during the suspension of execution due to the same thief crimes at the time of each of the instant crimes

유사 판례

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