(영문) 서울고등법원 2014.07.04 2014노955 | 리걸엔진

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(영문) 서울고등법원 2014.07.04 2014노955

특수강도등

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 suffered from mental illness, such as depression, sacrificing, etc., at the time of the instant crimes, and thereby, the Defendant was in a state of lacking the ability to discern things or make decisions, so a mitigation of mental or physical disability should be made against the Defendant.

B. The three-year imprisonment sentence imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, it is acknowledged that the defendant received hospitalized treatment from June 24, 2009 to December 21, 2009 due to mental illness such as depression, game addiction, impulse behavior, etc., but in light of various circumstances such as the motive, means, frequency of each of the crimes of this case, circumstances after the crime, etc., it cannot be deemed that the defendant had a state of weak ability to discern things or make decisions due to mental illness at the time of each of the crimes of this case.

B. As to the assertion on unfair sentencing, each of the crimes of this case committed by the victims is not so significant, there are favorable circumstances for the defendant, such as the fact that the defendant agreed with the victimJ, that the defendant misleads the defendant, and that the defendant reflects himself. However, the defendant committed each of the crimes of this case during the period of repeated crime. The crime of special robbery of this case is not good that the defendant forcibly took money and valuables by threatening the victim at night, and the crime of larceny of August 30, 2013 is not good, and the defendant continued to commit special robbery, theft, etc. even after he was arrested on October 21, 2013 and released, and the defendant did not pay damages to the victims up to now, and the circumstances and frequency of each of the crimes of this case, the circumstances after the crime, the age of the defendant, personality and conduct, family relation, etc. are too unreasonable.

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