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(영문) 서울동부지방법원 2018.04.12 2018노193
절도등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

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

B. The sentence of the lower court’s improper sentencing (long-term one year and short-term eight months) is too unreasonable.

Judgment

A. Regarding the assertion of mental disorder, even if the defendant suffered from mental illness such as shock disorder at the time of the crime in this case, considering the process of the crime, the process of the crime, the defendant's behavior before and after the crime, etc., it is difficult to view that the defendant's mental disorder lacks the ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. As to the wrongful argument of sentencing, the defendant has yet to be aged juveniles, and the victim'sO sent the letter of the correct living of the defendant. However, the defendant had a record of having received juvenile protective disposition several times due to the same crime, and committed the crime of this case during the suspended execution period due to habitual night structure intrusion larceny. The victim of this case has reached 10 persons, and the amount of damage has also exceeded 21 million won but has not been recovered from any damage. In addition, considering all the sentencing conditions specified in the argument of this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, the court below's punishment against the defendant is too unreasonable.

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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