beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of weak ability to discern things or make decisions due to an unidentified mental disorder, such as shock disorder, etc.
B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. In full view of each of the crimes of this case and the contents of the crime, the defendant's behavior before and after the crime, the defendant's academic background and experience at the Medical Treatment and Custody Center affiliated with the Ministry of Justice, and the statement in the mental appraisal document prepared by the I, which are acknowledged by the evidence duly adopted and examined in the judgment of the court below as to the claim of mental disability, it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to the lack of ability (in addition to the fact that there was a defect in the character of shock disorder at the time of each of the crimes of this case, the defendant cannot be deemed to have been in the weak state of ability to discern things or make decisions (in the court below's trial conducted with the citizen's participation, the jury cannot be deemed to have been in the state of mental disorder at the time of each of the crimes of this case) and the decision of the court below rejecting the defendant's claim of
Therefore, this part of the defendant's assertion is without merit.
B. The circumstances favorable to the Defendant are the following: (a) the Defendant’s recognition of all of his criminal acts and reflects the mistake; (b) the amount of damage caused by the instant criminal act is not significant; (c) the damage was fully recovered; and (d) the victim D wanting to have the Defendant’s wife.
However, the defendant has been sentenced to punishment on several occasions due to habitual larcenys, and in particular, on August 23, 2010, he/she was sentenced to imprisonment with prison labor for one year and six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.