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(영문) 서울중앙지방법원 2019.08.23 2019노1205
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to shock disorder caused by brain surgery, etc.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, and fine of 300,000 won) is too unreasonable.

2. Determination

A. According to the record of judgment on the claim of mental disability, the defendant is recognized as having a intellectual disability.

However, according to the evidence duly adopted and examined by the court below, the defendant made a statement that he was not subject to detention on the contents unfavorable to him at the time of the investigation by the investigation agency, but the defendant went on the Obba.

Recognizing the fact that the Defendant made a relatively detailed statement on the facts from or out of precious metals, etc., and the circumstances leading up to the escape therefrom, considering the background, means and methods of each of the instant crimes, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of each of the instant crimes, it does not seem that the Defendant was in a state of lacking the ability to discern things

The defendant's argument of mental disability is without merit.

B. A favorable circumstance is that the Defendant’s judgment on the assertion of unfair sentencing recognizes each of the instant crimes as substitute for each of the instant crimes; that part of the damage was recovered by temporary return, etc. to the victims of precious metals, etc. and the said victims were the Defendant’s wife against the Defendant (Form 28 of the Investigation Records); that the Defendant appears to have been returned to the victims of Ortotour who stolen, and that the Defendant’s health is not good.

However, the circumstances after the crime are very poor, such as the fact that the defendant has been punished by a majority of the crimes of the same kind, and the defendant committed each of the crimes of the same kind during the period of repeated crime, and escape after the arrest, and the circumstances in which the defendant made efforts to recover damage.

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