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(영문) 서울서부지방법원 2019.01.24 2018노1338
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the theft against victim H, there was no wallets, resident registration certificate, or electronic tobacco recorded in the facts charged among stolen articles by the Defendant.

B. At the time of committing the crime, the Defendant was in a state of mental disability such as both polarly disorder and sternal disease.

C. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court acknowledged the Defendant’s assertion of mistake of facts as a damaged product on the grounds of the victim’s detailed statement to investigation agencies and legal testimony based on the victim’s testimony.

In light of the evidence, the judgment of the court below is justified, and the defendant's assertion of mistake is not accepted.

B. According to the record of the determination on the claim of mental disability, the fact that the defendant was receiving medical treatment due to both polar disorder and decentralization, etc. may be acknowledged. However, there was a debate about the circumstance of each crime of this case, the method and attitude of the crime, the circumstances after the crime, the defendant's disposal of stolen goods with his accomplice, and distribution of profits (the second police interrogation protocol, the evidence records 194 pages of April 19, 2018), the defendant seems to have been accurately aware of which act was committed at the time of the crime of this case, such as specific memory of the circumstance of the crime, the situation at the time of the crime, etc., and the result of inquiry about the mental appraisal report that the defendant was received at the medical treatment and custody center of the Ministry of Justice from September 10 to September 2014, which was diagnosed as emotional stability disorder, and this is not a mental disorder, but it is not deemed that the defendant had the ability to make a decision on the state of personality disorder or decision making ability.

This part of the argument is not accepted.

C. Unreasonable sentencing.

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