(영문) 서울북부지방법원 2018.09.21 2018노851

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(영문) 서울북부지방법원 2018.09.21 2018노851

절도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to larceny.

The defendant had previously calculated an accident at the convenience store, and he did not want to steal the object even at the time.

B. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

(c)

The punishment of the court below (the penalty amount of KRW 800,00) is too unreasonable.

2. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, it is recognized that the Defendant brought an illness without calculating it at a convenience store on three occasions around January 21, 2017, April 13, 2017, and April 14, 2017, and that the Defendant had the intention of larceny. In light of this, the Defendant had the intention of larceny.

The decision is judged.

The above assertion by the defendant is without merit.

3. According to the record of determination on the assertion of mental or physical disorder, the Defendant appears to have served the alcohol at the time of committing the instant crime.

However, in light of the background leading up to the crime, the means and methods of the crime, the circumstances before and after the crime, etc., the defendant had no or weak ability to discern things or make decisions.

It does not seem that it does not appear.

We do not accept the defendant's above assertion.

4. In full view of the following factors: (a) the Defendant repeatedly committed a crime on three occasions; (b) the victim G and J appears not to have been recovered from damage; (c) the Defendant’s seriously resisted his/her criminal act; and (d) the Defendant’s age, sexual conduct, family relationship, motive, means, and consequence; and (c) all the sentencing circumstances, including the Defendant’s age, sex, family relationship, motive, means, and consequence after the crime, the Defendant’s punishment imposed by the lower court is unlimited and the Defendant’s assertion is not unreasonable. Therefore, the Defendant’s assertion is

5. The appeal by the defendant is justified.

유사 판례

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-대구지방법원 2017.02.10 2016노5442

-서울중앙지방법원 2017.02.10 2016노4526