(영문) 인천지방법원 2016.12.28 2016노4397 | 리걸엔진

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(영문) 인천지방법원 2016.12.28 2016노4397

특정범죄가중처벌등에관한법률위반(절도)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant crime with mental disorder, the Defendant was in a state of mental disability due to drinking. 2) The lower court’s sentence of unfair sentencing (one year and two months of imprisonment, and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant did not assert that he was under the influence of alcohol at the time of committing the instant crime at an investigative agency and the lower court, and there was no other evidence to verify the Defendant’s above assertion.

In light of the motive and background of the instant crime, the means and method of the crime, and the circumstances before and after the instant crime, etc., which are acknowledged by the evidence duly adopted and examined by the court below, it cannot be seen that the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime, and thus, the Defendant cannot accept the Defendant

B. The Defendant’s assertion of unfair sentencing by the Defendant and the prosecutor is against the Defendant’s wrong recognition of his mistake, the fact that the Defendant voluntarily surrenders to some of the crimes of this case is favorable to the Defendant, and there are many persons punished for the same kind of crime, the Defendant committed the crime of this case from the date after the execution of the sentence was completed, and the Defendant did not take any particular measures to recover from damage to the trial, etc., which are disadvantageous to the Defendant.

In addition, considering the following facts: (a) there is no special change in circumstances after the sentence of the lower judgment; (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (c) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the commission of the crime, the sentence imposed by the lower court is appropriate; and (d) the Defendant and

참조조문

-형법 제51조

유사 판례

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