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(영문) 창원지방법원 2017.10.12 2017노2296
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case committed by the defendant with mental disorder is committed in a state of mental or physical loss or mental weakness due to depression or any other mental disorder.

B. The punishment of the lower court’s unfair sentencing (one hundred months of imprisonment, and confiscation) is too unreasonable.

2. Determination

A. In full view of the background and process of the instant crime, the Defendant’s behavior before and after the instant crime, etc., whether the Defendant had no or weak ability to discern things or make decisions due to mental disorder, etc. at the time of the crime.

It does not seem that it does not appear.

Defendant’s assertion is without merit.

B. In light of the following facts: (a) the judgment of the court below on the unfair argument of sentencing was examined; (b) the defendant is against the defendant's wrong recognition of his fault; (c) the health of the victim is not good due to chronic further diseases; and (d) the victims committed each crime of this case during the period of repeated crime; (b) the special intimidation of this case was committed during the criminal procedure of the larceny; (c) the crime of this case was committed during the course of the criminal procedure; (d) there are several times the records of punishment due to theft and violence; (e) there is no change of circumstances that may otherwise determine the defendant's age and punishment; and (e) other matters concerning the sentencing as indicated in the records and changes in the records of this case are considered appropriate. Therefore, this part of the judgment of the court below is without merit.

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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