(영문) 서울남부지방법원 2021.03.15 2021노158

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(영문) 서울남부지방법원 2021.03.15 2021노158

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes under the influence of alcohol with no or weak ability to discern things.

B. The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case’s determination on the assertion of mental disorder, the defendant can be found to have served alcohol at the time of committing each of the crimes in this case.

However, in light of the circumstances revealed by the evidence duly adopted and examined by the court below, namely, the defendant's behavior and condition that can be confirmed by CCTV images, and the contents that the defendant stated at the investigative agency about each of the crimes in this case, the defendant was in a state that the defendant had no or weak ability to discern things or make decisions due to drinking at the time of the crime in this case

Therefore, the defendant's mental disorder is not accepted.

B. In comparison with the first instance court’s judgment on the unfair argument of sentencing, there is no change in the conditions of sentencing, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court repeatedly determined the punishment by considering favorable circumstances, such as the following: (a) the Defendant has suffered a significant loss to victims by repeatedly engaging in a crime of interference with business; (b) the Defendant has been subject to criminal punishment for more than 40 times including imprisonment; (c) the Defendant was sentenced to a fine for more than seven times due to interference with business affairs in 2015; and (d) was punished by a fine for more than seven times; (b) the Defendant committed the instant crime even if he was sentenced to a crime of fraud similar to the instant case; and (c) the Defendant did not agree with the victims.

In addition to the circumstances indicated by the court below.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

-서울서부지방법원 2018.09.13 2018노835

-대구지방법원 2017.11.09 2017노2314

-수원지방법원 2017.04.14 2017노227

-춘천지방법원 강릉지원 2020.02.18 2019노575

-대구지방법원 2015.01.30 2014노4446