(영문) 서울고등법원 2013.10.17 2013노2632 | 리걸엔진

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(영문) 서울고등법원 2013.10.17 2013노2632

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the crime, was in a state of mental and physical disability due to shock disorder, depression, etc.

B. Considering the background of the instant crime claiming unfair sentencing and the fact that the damaged goods were returned to the victims, the lower court’s imprisonment (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the statement of mental and physical disability, it is recognized that the defendant has shown an attitude of damage consciousness, heat-free attitude, concentration decline, inconvenience in personal relations, and avoidance attitude. However, in light of the defendant's intelligence above the average of normal persons, the circumstances of the crime, the method and content of the crime, the behavior and attitude of the defendant committed before and after the crime, etc., it does not seem that the defendant had a weak ability to discern things or make decisions.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the following factors: (a) the Defendant’s assertion of unfair sentencing is divided into and against his/her mistake; (b) although it is not up to the degree of mental and physical disability; (c) the Defendant appears to have affected a certain degree of the instant crime; (d) the Defendant’s delayed disability suffering and its heat, etc. appears to have been returned to the victims; and (e) the Defendant committed the instant crime during the repeated offense period even though there were several criminal charges for the same kind of crime, and the Defendant committed the instant crime, including the Defendant’s age, character, character, environment, environment, family relationship, motive and background of the crime; (d) method and consequence of the crime; and (e) the statutory penalty for the instant crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny or imprisonment for more than six years), such as the circumstances after the crime, etc., it is not recognized that

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Conclusion.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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