(영문) 대구지방법원 2017.02.09 2016노4555 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2017.02.09 2016노4555

야간건조물침입절도등

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The defendant's appeal is dismissed.

Reasons

1. The gist of grounds for appeal (the mental and physical weak and unfair sentencing);

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

B. Improper sentencing of the lower court (the imprisonment of 6 months, the suspended sentence of 2 years, and the imprisonment of 6 months, the imprisonment of 6 months, and the imprisonment of 1 months for the remaining crimes) is too unreasonable.

2. Determination

A. According to the records of this case, even though the fact that the defendant suffered from mental illness, etc. is recognized, it was found that the defendant had no or weak ability to discern things or make decisions at the time of this case.

shall not be deemed to exist.

Therefore, the defendant's argument about mental and physical weakness is rejected.

B. Sentencing: (a) the fact that the criminal defendant recognized all of the crimes of this case and reflects his mistake; (b) in the case of each of the crimes of Article 1-A and Article 2 of the judgment of the first head as indicated in the judgment, the principle of equity with the punishment should be taken into account at the same time with the final judgment of the first head as indicated in the judgment; (c) the defendant has no record of criminal punishment before the crime in the judgment was committed and the crime in the first head as indicated in the judgment; (d) the defendant does not seem to have a large amount of damage;

On the other hand, in the case of some of the crimes committed by the defendant in this case, it was committed during the suspension period of the first head of the judgment, and in the case of the defendant's special property damage, the nature of the crime is not good.

The fact that we look at is disadvantageous to the defendant.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, the sentence of the lower court is within the scope of the discretion of sentencing.

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