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(영문) 창원지방법원 2020.03.27 2020노56
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was in a state of mental disability due to depression and drugs at the time of committing the instant crime.

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

2. Determination

A. In light of the motive and background of the instant crime, the process of the instant crime, and the Defendant’s speech and behavior immediately after the instant crime, which is acknowledged by the record as to the assertion of mental and physical disorder, it does not seem that the Defendant did not seem to have lacking the ability to discern things or make decisions due to depression and drugs at the time of the instant crime. Therefore, the Defendant’s mental and physical disorder

B. As to the assertion on unfair sentencing, the court below shall take into account the favorable circumstances such as the defendant's time of and reflects on the crime, the defendant's intention to distinguish between his spouse and his child, and the fact that he suffered from the depression while living alone. The punishment of a fine of the same kind was imposed three times for the crime of this case, but most of the damages were not recovered, and there was no trace of endeavoring to recover damage, and the court did not appear even though he did not appear before the court on the trial date, it shall consider the fact that the criminal justice procedure was lighted. In addition, the court below set a punishment against the defendant within the scope of the applicable sentencing and sentencing guidelines, taking into account the various circumstances, such as the defendant's age, character and behavior, environment, background of the crime, and circumstances after the crime, etc., and considering the records and arguments of this case, it does not seem that the sentencing of the court below against the defendant is unfair, therefore, the defendant's assertion on unfair sentencing is without merit.

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

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