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(영문) 대전지방법원 2016.09.21 2016노1936
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental disorder, the Defendant was under the influence of alcohol or was in a state of mental disorder due to a bad mental disorder.

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 evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was in a state of drinking alcohol at the time of partial crime, and the defendant was diagnosed by impulse disorder, behavioral disorder, etc. prior to the crime of this case, and was under medical treatment. However, in light of the circumstances leading to the crime, the method and method of the crime, the circumstances before and after the crime, and the statement made by the investigative agency immediately after the crime of this case, the defendant was in a state of having lost or weak ability to discern things or make decisions due to drinking or mental disorder at the time of the crime of this case.

It does not appear.

B. As to the wrongful assertion of sentencing, according to the following circumstances: (a) the sum of the value of the stolen damage of this case is significant; (b) a number of victims have occurred; (c) repeated crimes of the same kind of law in the short term; and (d) the records of having received juvenile protective disposition several times due to the same kind of crime, Defendant

However, it is also recognized that the circumstances such as the agreement of the defendant with all victims, the victims do not want the punishment of the defendant, the full recovery of the damage, the escape of the investigation agency after the crime, the entire criminal acts in this case, and the commencement of all of the criminal acts in this case, and the fact that the above victim does not want the punishment of the defendant in consultation with the victimO in an appellate trial.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the lower court is somewhat unreasonable.

3. Thus, the defendant's appeal is correct.

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