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(영문) 서울남부지방법원 2017.12.07 2017노2022
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant committed each of the instant crimes under a mental and physical weakness, punishment shall be mitigated.

B. In light of the following: (a) the illegal defendant in sentencing is heavily against the victim; (b) the stolen goods were returned to the victim; and (c) efforts were made to agree with the victim of the crime of interference with business; (b) the defendant suffers from depression and depression disorder; and (c) the situation of the execution company is difficult due to the detention of the defendant, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, it is recognized that the Defendant had a drinking condition at the time of each of the instant crimes, but does not deem that the Defendant lacks the ability to discern things or make decisions due to the fact in light of the circumstances leading to each of the instant crimes, the means and methods of the crime, and the circumstances after the crime.

The defendant's mental disorder is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

Not only has been punished several times due to violent crimes, but also the defendant did not know about the period of repeated crime due to forced indecent acts, etc., and did not agree with the victims until they were tried.

In addition, by comparing the circumstances of all the sentencing as shown in the records and arguments of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, and the reasons for sentencing of the lower judgment, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable and reasonable.

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