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(영문) 서울고등법원 2017.05.31 2017노192
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was physically and mentally weak, suffers from friendly symptoms with the third degree of mental retardation, and thus, at the time of committing the instant crime, the Defendant lacks the ability to properly distinguish objects or make decisions.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, it is recognized that the defendant had intelligence fall (I Q Q 53, social index 58, social age 10 years old and 4) at the time of committing the instant crime, shocking ability, minor shocking and apprehensions, and death, and that the defendant had any other unaffortable evidence, such as simple and simple distressing, etc.

However, the following circumstances that can be recognized by the above evidence, i.e., the defendant's drinking boomed at the Pyeongtaek church and boomed in the third floor of the Yeongdeungpo-pool Station, and the defendant had been living in the old time, and he stolen the money in order to seek the money by leaving his living in the old time.

In light of the fact that CCTV images at the time of the crime of this case were stated, the Defendant had taken into account several times whether another person exists in the scene of the crime of this case, and then stolen cash in the Kabro, which is not significantly different from the normal person. In light of the fact that such an act is not significantly different from that of the normal person, and the spirit of the Do’s mental delay, even though he was at a speed lower than that of the normal person, he was able to achieve complete self-reliance in the aspect of real life and domestic technology, it is not deemed that the Defendant had reached a state where he was in the ability to discern things or make decisions due to depression, which is either delayed or otherwise unspecific, at the time of the crime of this case.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The Defendant’s confessions and reflects his criminal act as to the unfair argument of sentencing.

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