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(영문) 서울중앙지방법원 2016.08.26 2016노2226
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of grounds for appeal (mental disorder and sentencing);

A. At the time of committing the instant crime, the Defendant had a mental and physical loss due to a mental disorder.

B. The sentence sentenced by the first instance court (eight months of imprisonment) for the sentencing is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental disorder, even though the Defendant was aware of suffering from mental fission, the Defendant was in a state of mental and physical disability having lost the ability to discern things or make decisions due to the increase of mental division, in light of the background leading to the instant crime, or the means and methods of committing the instant crime.

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

B. Although there are favorable circumstances such as the fact that the damage caused by the instant crime was relatively minor and the damaged goods were returned, the Defendant committed the instant crime at the same time during the period of repeated crime even though he had been punished several times, and there is no change in the sentencing conditions that may be particularly considered in the appellate trial, as well as other circumstances that are the conditions for sentencing, such as the Defendant’s age, sexual conduct, environment, health condition, motive, means and consequence of the instant crime, etc., even if examining in detail, it is difficult to view that the first instance sentence is unfair as it is too too too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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