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(영문) 서울서부지방법원 2018.05.10 2017노1750
특정범죄가중처벌등에관한법률위반(절도)
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 with mental and physical disorder was in a state of mental and physical weakness by proving alcohol alcohol.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background leading up to the instant crime, the means and method of the crime, the process of the crime, and the Defendant’s act before and after the crime, it is not deemed that the Defendant, at the time of the instant crime, lacks the ability to discern things or make decisions, and thus, the above assertion by the Defendant cannot be accepted.

B. The lower court’s judgment on the wrongful assertion of sentencing was determined at the lowest limit of the sentencing sentence, taking full account of all the circumstances as to the sentencing of the Defendant, and there is no circumstance to newly consider in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable and unreasonable.

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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