(영문) 수원지방법원 2014.10.30 2014노4809 | 리걸엔진

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(영문) 수원지방법원 2014.10.30 2014노4809

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime on March 1, 2014.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, even though the defendant was aware of drinking alcohol at the time of committing the instant crime, considering the circumstances leading to the instant crime recognized by the evidence duly adopted and investigated by the court below, the means and method of the instant crime, and the defendant's act before and after the instant crime, the defendant did not have the ability to discern things or make decisions at the time of committing the instant crime.

Therefore, this part of the defendant's argument cannot be accepted.

B. The Defendant’s decision on the assertion of unfair sentencing is against his mistake and divided, the amount of damage to the victims is not significant, the victim D does not want to punish the Defendant, the fact that the Defendant agreed with the victim F in the trial, and that the Defendant’s health status is not good is favorable to the Defendant.

However, in light of the following: (a) the Defendant had been sentenced to a punishment of three-year imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.; (b) the Defendant was sentenced to a punishment of imprisonment for the same offense; and (c) the enforcement of the sentence was completed; and (d) the Defendant committed the instant crime during the period of repeated crime; (c) the sentence of the lower court was the lowest punishment within the scope of the punishment that has been mitigated with respect to statutory penalty; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as indicated in the records and arguments of the instant case,

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형법 제51조

-형사소송법 제364조 제4항

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