(영문) 수원지방법원 2017.11.16 2017노4629 | 리걸엔진

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(영문) 수원지방법원 2017.11.16 2017노4629

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had a weak mental disorder due to disorder from military register and shocking disorder to the degree of mental illness.

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

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mental disorder, the defendant is deemed to have a speech disorder of Grade IV at an elementary school; there is an obstacle at the time of his school; or there is a lack of learning ability; in light of the circumstances leading to the crime of this case; the specific method of the crime of this case; the defendant's behavior and attitude before and after the crime of this case; and the circumstances after the crime of this case, etc., the defendant had the ability to discern things or make decisions due to mental illness at the time of the crime of this case.

Therefore, this part of the defendant's assertion is without merit.

B. Determination of the unjust assertion of sentencing is favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case, the total amount of damage is a relatively small amount of KRW 2.38,00,000, and the fact that the victim M and the victim do not want the punishment of the defendant in the trial.

However, each of the crimes of this case committed by the defendant by impairing the victim's residence, building, etc. at night over 16 times, and committed a theft or attempted to steal money and valuables. In light of the frequency of the crimes and the method of the crimes, there was a very poor record of having been sentenced seven times of punishment due to the same crime, and since the execution of punishment was completed around September 13, 2016, each of the crimes of this case began to be committed on 20 days after the last day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day

유사 판례

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