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(영문) 수원지방법원 2013.07.25 2013노2359
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Grounds for appeal;

A. The Defendant’s assertion of mental disorder was immediately before the birth period at the time of the instant case, but was unable to suppress the thief criminal impulse before and after the birth period at ordinary times, and as such, he/she committed the instant crime in a state of mental disorder or mental disorder, his/her responsibility should be mitigated or exempted.

B. The assertion of unfair sentencing: Even if the status of mental disorder is not recognized, the sentence imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, although the defendant had been punished several larcenys by several times, such circumstance alone is difficult to recognize that the defendant committed larcenys in a state where he was unable to control the impulse of larcenys at the time of the instant case, due to the mental and physical disorder that could not suppress the impulse of larcenys at the time of the instant case, and there is no other evidence to acknowledge it differently.

B. The Defendant’s decision on the assertion of unfair sentencing reflects his fault in depth, and the victim is not subject to punishment by mutual consent with the victim.

However, the sentencing of the court below seems to be appropriate in light of the following: there are several previous models against the defendant; the method of punishment is similar to that of the defendant; the case was re-offending during the period of suspension of execution with the previous department at the time of the instant case; the crime is not easy, and the nature of the crime is poor; and the defendant's occupation, age, character and conduct, family environment, motive and circumstances after the crime; and the relationship with the victim,

3. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's argument is without merit. It is so decided as per Disposition.

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