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(영문) 대구지방법원 2016.10.14 2016노3282
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was suffering from mental illness and was in a state of mental disability.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the instant case’s assertion of mental disorder, it cannot be deemed that the Defendant had weak ability to discern things or make decisions due to mental illness, etc. at the time of the instant crime in light of all the circumstances, including the background, means and methods of the instant crime, the Defendant’s act before and after the instant crime.

Therefore, the defendant's mental disorder is without merit.

B. Although there are favorable circumstances, such as the Defendant’s confession of the instant crime and the violation of the principle of unfair sentencing, the Defendant has been punished several times for the same kind of crime. In particular, on July 16, 2014, the Defendant committed the instant crime without being informed of the fact that he/she was sentenced to two years of suspension of execution on July 24, 2014, which became final and conclusive by the Suwon District Court, due to fraud, etc. on July 16, 2014, and committed the instant crime without being informed of the fact that the Defendant committed the instant crime. The frequency of the crime reaches 20 times, and the number of times of the crime was purchased with the credit card or debit card that was stolen, and it is not good that the Defendant repeated the instant crime without a certain residence. In light of the fact that the risk of repeating the crime is extremely high, the damage was not completely recovered, there is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower court, and all of the Defendant’s age, character, motive and circumstances leading to the instant crime.

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