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(영문) 서울중앙지방법원 2020.10.23 2020노756
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant took drugs due to a disease, such as depression and depression disorder, etc., and caused the instant crime under unstable and weak mental and physical conditions.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. According to the record of judgment on the claim of mental disability, the fact that the defendant received a mental and medical treatment due to symptoms such as summons, depression, etc. from two to three years is recognized.

However, in light of the Defendant’s statement attitude and content as to the instant crime committed by the investigative agency, it appears that the Defendant was accurately aware of what he was committing at the time of the instant crime, and in view of various circumstances such as the background of the instant crime, the method and method of the instant crime, and the circumstances after the instant crime, it is not determined that the Defendant had the ability to discern things or make decisions on things due to disease, such as depression, yellow disorder, etc. at the time of the instant crime, or drugs for the treatment thereof.

The defendant's argument of mental disability is without merit.

B. The Defendant appears to have an attitude of recognizing and opposing a criminal act on the assertion of unfair sentencing. An elderly person is not in good health condition and is economically difficult to be a basic livelihood recipient.

In the investigation stage, the victim does not want the punishment of the defendant in consultation with the victim.

However, the crime has been committed repeatedly despite the suspension of indictment and the suspension of sentence for the same crime.

In the lower court, the sentence of a fine which has already been reduced more than that of a summary order, considering the favorable circumstances for the defendant.

In addition, considering various conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence of the court below is not deemed to be too unreasonable.

Defendant.

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