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(영문) 인천지방법원 2018.09.05 2018노2092
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A (one year and six months of imprisonment and fine of 300,000 won) by the lower court is too unreasonable.

B. Defendant B (1) The Defendant was physically and mentally deprived or physically in a state of mental disorder due to excessive activity disorder and magnetic disorder at the time of each of the instant crimes.

2) The sentence sentenced by the lower court to the Defendant (two years of suspended execution and fine of two hundred thousand won for one year of imprisonment, and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the circumstances asserted by Defendant A on the grounds of appeal, the lower court’s punishment is too unreasonable, even if there is no change in circumstances that may be considered in sentencing after the lower judgment on the part of Defendant A, and the various conditions of sentencing as shown in the records and arguments of this case are considered.

B. According to the records in this case, Defendant B’s assertion of mental disorder part 1, the Defendant is recognized as having prepared a medical certificate stating that “The Defendant, on March 12, 2018, at present, is well aware of the ability to make judgment due to the above disease, continues to engage in dynamic and dynamic behavior, and is likely to make a reasonable judgment and behavior in a planned manner,” which includes the following: (a) the Defendant was hospitalized and received pain treatment since he/she was diagnosed with an excessive obsive disorder and a diversified movement with his/her sexual intercourse; and (b) the doctor in charge of the Sungsung Hospital of Korea Forest University on March 12, 2018.”

However, in light of the circumstances and contents of each of the instant crimes, Defendant B’s behavior before and after the commission of the crime, the circumstances after the commission of the crime, and the attitude in the investigation and trial proceedings, etc., Defendant B was in a state where the ability to discern things or make decisions was lost or weak due to excessive activity failure and magnetic disorder at the time of each of the instant crimes.

does not appear.

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

2) The judgment of the court below on the part of the unfair argument for sentencing can be considered in sentencing.

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