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(영문) 서울중앙지방법원 2018.02.08 2017노4531
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime committed by the defendant with mental or physical weak disorder is committed in a state of mental or physical weakness due to mental disability of grade 2.

B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, it is acknowledged that the defendant has a mental disorder of Grade II, but considering the background, process of the crime in this case, the defendant's behavior before and after the crime, etc., the defendant was in a state that at the time of the crime, the defendant was in a state that he lacks the ability to discern things

It does not seem that it does not appear.

This part of the defendant's assertion is without merit.

B. In light of the following: (a) the Defendant is against the illegal assertion of sentencing; (b) the Defendant has agreed with the Victim P and E in the trial; (c) the Defendant had been punished several times for the same crime; (d) the Defendant repeats the instant crime during the repeated crime period; and (e) the Defendant’s age, sexual conduct, family relationship; (b) the motive and consequence of the crime; and (c) the circumstances indicated in the instant records and arguments, such as the circumstances after the crime, are too unreasonable since the sentence of the lower court is too unreasonable.

This part of the defendant's assertion is without merit.

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

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