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(영문) 부산고등법원 2016.08.31 2016노403
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to depression, yellow disorder, etc.

B. The sentence of the lower court’s sentence (three years of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, it is recognized that the Defendant received medical treatment due to depression, depression, etc., but, in light of the Defendant’s behavior before and after the instant crime and the circumstances after the crime, etc., the Defendant had the ability to discern things or make decisions due to depression, sulfur disorder, etc. at the time of committing the crime.

Therefore, the defendant's mental and physical weakness are without merit.

B. Determination of the unjust assertion of sentencing is a favorable condition to the Defendant that the Defendant recognized all of the instant crimes and reflects the depth thereof, that the Defendant suffers from depression, depression, and yellow disorder, and that the degree of damage is relatively heavy.

However, in light of the following: (a) the Defendant had a career of having been sentenced to 7 times to imprisonment with prison labor due to the same crime; and (b) the Defendant again committed the instant crime during the repeated crime period as long as the execution of imprisonment with prison labor has been completed due to the same crime; (c) most of the damages have not been recovered; and (d) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, criminal conduct, family relationship, and circumstances after the crime, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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