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(영문) 의정부지방법원 2021.01.21 2020노2503
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal, the mental and physical weakness and the sentencing (two years, confiscation, and replacement of imprisonment with prison labor for the original instance);

2. Determination

A. According to the records of the determination on the assertion of mental and physical weakness, even though the defendant was found to have received a mental and medical treatment due to inhaled hallucinogenic substances, disorder in shock control, etc. in the past, there was an obstacle to the defendant's ability to discern things or make decisions, in light of the method and frequency of the crime in this case, the content and attitude of the defendant, etc.

shall not be deemed to exist.

Therefore, this part of the defendant's assertion is rejected.

B. A review of the judgment on the argument in the sentencing division, the fact that the defendant led to the confession of each of the crimes in this case, that part of the damaged articles were returned to the victims, that the defendant's health condition is not good (outstanding pains) may be considered as favorable circumstances to the defendant. However, in light of the circumstances and methods of each of the crimes in this case, the defendant's liability is heavy, in light of the circumstances and methods of each of the crimes in this case, the number of victims, and the amount of damage, etc., the victim did not receive a letter of consideration up to the trial, and the recovery of damage was not proper, and the same criminal records were accumulated, and the punishment conditions under Article 51 of the Criminal Act, including the circumstances unfavorable to the defendant, are all taken into account, and the decision of the court below is acceptable, and there is no doubt that the defendant asserts.

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

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