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(영문) 부산고등법원 2019.11.28 2019노277
강도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from depression before committing the instant crime. At the time of the instant crime, the Defendant was in the state of having no or weak ability to discern things or make decisions due to the fact that the Defendant was under the influence of drinking alcohol and drinking alcohol, with taking the drugs for depression.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. Determination on the assertion of mental disorder was made by the Defendant prior to the crime of this case, and the Defendant was regularly suffering from depression, but it is recognized that there was a prescribed prescription, in light of the circumstances, such as the background leading up to the crime of this case, the means and method of the crime, the circumstances before and after the crime, and the fact that the Defendant did not assert mental disorder at the court below, the Defendant did not have the ability to discern the mental disorder or make a decision, such as depression, etc. at the time of the crime.

Since it cannot be deemed that the defendant was in a state or weak condition, the defendant's argument about mental disorder is rejected.

B. In light of the circumstances leading up to the instant crime, the type of deadly weapons used by the Defendant, etc., the issue is not somewhat unfavorable to the Defendant, and the Defendant confirmed only female employees at the time of the crime, and used the face, and the victim was injured by the Defendant’s crime, and did not yet agree with the victim, and the Defendant denied the crime at the first investigative agency, etc.

However, the defendant shows an attitude against the defendant in the confession of the crime of this case from the court below, the cash taken by the defendant was returned to the victim, and the defendant was punished as a fine for violent crime in 1989 for about 30 years.

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