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(영문) 서울북부지방법원 2017.08.18 2017노1179
절도
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 and physical loss or mental weakness due to depression, depression, shock disorder, dementia symptoms, etc.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental or physical disorder, it is recognized that the Defendant received continuous treatment of mental or physical illness due to depression, depression, etc. from November 11, 2004 to February 24, 2017, and immediately after each of the instant crimes, hospitalized treatment was conducted due to depression, etc. from March 7, 2017 to April 27, 2017.

However, in light of the background leading up to the instant crime, the means and methods of the instant crime, and the circumstances before and after the instant crime, solely based on the facts acknowledged earlier, the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.

Unlike the lack of view, there are no materials to recognize the mental and physical disorder of the defendant.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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