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(영문) 대구지방법원 2020.03.24 2019노4028
야간건조물침입절도등
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 in a state of mental disability with mental disability due to symptoms of military walls, etc.

B. The ten-month imprisonment sentenced by the lower court is too unreasonable and unfair.

2. Determination

A. According to the record of the determination on the assertion of mental disorder, the defendant was diagnosed of physical disorder, military register dysia, and hospitalized in the Z hospital on January 22, 2019 and discharged the hospital on January 24, 2019, and the fact that the defendant received mental treatment at the above hospital several times thereafter.

However, considering the aforementioned circumstances, in light of the background and method of the instant crime, the Defendant’s attitude and behavior before and after the instant crime, and the circumstances after the instant crime, it cannot be deemed that the Defendant had lost or weak ability to discern things or make decisions at the time of the instant crime.

This part of the defendant's assertion is without merit.

B. The judgment on the assertion of unfair sentencing is deemed to have recognized both the facts charged in this case and against his mistake, the mental illness suffering by the defendant seems to have caused the crime in this case, and some victims do not want the punishment. Meanwhile, the defendant committed each of the crimes in this case without being aware of the suspension period due to the same crime, and the defendant has been convicted twice the suspension period due to the same crime, and the defendant has been subject to the disposition of suspension of execution two times due to the same crime, and the defendant has been subject to the disposition of suspension of execution by avoiding disturbance or assaulting other prisoners, etc. even during the life under restraint of the crime in this case, taking into account favorable circumstances to the defendant, and the court below sentenced a punishment beyond the minimum sentencing guidelines by taking into account the defendant's age, character and behavior, environment, family relationship, and other circumstances after the crime in this case.

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