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(영문) 서울북부지방법원 2017.10.19 2017노1424
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that the Defendant committed the instant crime in a state of mental and physical weakness due to alcohol addiction, depression, etc., the judgment of the court below contains an excessive error.

B. The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the records on the assertion of mental and physical weakness, even though the defendant was aware that he had a certain degree of alcohol at the time of committing the instant crime, the circumstance that the defendant was receiving a mental therapy due to alcohol addiction or depression in the past does not seem to have reached a state where the defendant at the time of committing the instant crime lacks the ability to discern things or make decisions. Accordingly, the above assertion by the defendant is rejected.

B. Examining the various circumstances, including the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence, etc., and the circumstances after the crime was committed, the sentencing of the lower court is determined within a reasonable and appropriate scope, and it is not deemed unfair because it is excessively unreasonable, as it is excessively unreasonable. The lower court’s sentencing is determined within a reasonable and appropriate scope.

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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