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(영문) 대구고등법원 2013.04.25 2013노125
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no or weak ability to discern things or make decisions at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (three years and eight months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant asserts that there was a lack of ability to discern things or make decisions at the time, on the grounds that the Defendant’s judgment on the assertion of mental disorder was a 5th degree of brain-dead disease, and that it was caused to each of the crimes in this case under the condition of mental disorder, such as re-explosion, and re-explosion,

However, in light of the following circumstances: (a) the record of the Defendant’s mental sentiment document and the evidence duly adopted and examined by the lower court; (b) the Defendant did not have the ability to discern things or make decisions due to mental disorder at the time of the crime; and (c) the process leading up to the instant crime; (d) the means and method of the crime; and

The defendant's assertion cannot be accepted as it seems that such an ability has reached a weak state.

B. The fact that the Defendant’s judgment on the assertion of unfair sentencing recognizes all his own criminal acts and reflects the mistake, that the amount of damage caused by the instant criminal act is relatively small, and that the Defendant appears to have caused the instant criminal act while experiencing difficulties in his/her living due to not good economic circumstances, etc. are favorable to the Defendant.

On the other hand, the Defendant had been sentenced to punishment on several occasions due to habitual larcenys, and in particular, on July 25, 2007, sentenced to imprisonment with prison labor for three years due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence, and again committed each of the crimes in this case within a relatively short period.

In addition, victims' damage has not been recovered until the trial.

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