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(영문) 수원지방법원 2018.04.06 2018노967
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from mental illness at the time of committing the instant crime, and was in a state of mental and physical weakness or mental loss by drinking.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the assertion of mental disorder, even though the Defendant was aware of drinking alcohol at the time of each of the instant crimes, in view of the background of the crime, the means and method of the crime, the Defendant’s attitude and behavior after the crime, and the circumstances after the crime, etc., the Defendant was suffering from mental illness at the time of the crime, or was in a state of lacking ability to discern things or make decisions under the influence of alcohol.

It is difficult to see it.

Therefore, the defendant's above assertion is without merit.

B. Circumstances favorable to the Defendant are the following: (a) the Defendant recognized his mistake and reflects the determination of the unfair argument of sentencing; (b) the degree of damage caused by the instant crime is relatively small; (c) the damaged items were returned to the victims; and (d) the victim D did not want the Defendant’s punishment.

On the other hand, the fact that the defendant had been punished several times due to the same crime, including punishment, and that the defendant committed the crime of this case since it has not been much long since he was sentenced to punishment for the same crime.

It is difficult to view that the lower court’s sentence is too unreasonable in light of the above circumstances and other conditions of sentencing indicated in the record, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime.

Therefore, the defendant's above assertion is without merit.

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

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