logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.11.01 2013노2823
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant was in a state of mental disorder at the time of committing the instant crime due to mental disorder, but the lower court neglected this.

The imprisonment with labor (three years and six months) imposed by the court below on the defendant is too unreasonable.

According to the records on the part of the assertion of mental disorder in the market, even though the defendant is deemed to have received medical treatment due to mental disorder or other mixed uneasiness, in light of the motive and circumstance of the crime in this case, the means and method of the crime in this case, the defendant's speech before and after the crime in the criminal investigation agency or court, etc., it does not seem that the defendant was in a state of loss or lack of ability to discern things or make decisions at the time of the crime in this case, and therefore

In full view of the Defendant’s age, family relation, criminal record, occupation, environment, motive and circumstance of the crime, means and method of the crime, circumstances after the crime, etc., the lower court’s sentence to the extent of discretionary mitigation is too unreasonable, even though the Defendant violated his/her own mistake, and the degree of damage was unscheduled, even though he/she had been sentenced several times of punishment for the same kind of crime so far, and all of the sentencing conditions, including the Defendant’s age, family relation, criminal record, occupation, environment, motive and circumstance of the crime, etc.

Therefore, the appeal by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the appeal by the defendant is groundless.

arrow