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(영문) 수원지방법원 2014.07.24 2014노3087
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes with mental disorder, the Defendant was in a state of mental disorder or mental disability under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (three months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, the fact that the Defendant was under alcohol at the time of each of the instant crimes may be acknowledged, but on the other hand, in light of the following circumstances acknowledged by the aforementioned evidence, namely, the background, means and methods of the Defendant’s crime, and the specific behavior attitude of the Defendant before and after the crime, the Defendant did not have the ability to discern things or make a decision

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. It should be taken into account that the defendant's wrong recognition of his mistake, the victims' damage seems to be minor, and the defendant deposited one million won for the victim E when he was under trial, and that he would not repeat the same mistake through alcohol addiction treatment. However, the defendant committed the crime of this case against the victims who had been under the influence of alcohol without any reason, and the crime is not good, and there are many victims who did not reach an agreement with the victims, there are many kinds of crimes and different types of crimes due to violence, obstruction of performance of official duties, driving without a license, etc., and even if he was sentenced to a fine or suspension of execution on several occasions, the court below's punishment is too unreasonable, considering the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, and environment, etc.

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