(영문) 대구고등법원 2013.07.04 2013노209 | 리걸엔진

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(영문) 대구고등법원 2013.07.04 2013노209

특정범죄가중처벌등에관한법률위반(절도)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unable to discern things or make decisions at the time of committing the instant crime.

B. The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant committed the instant crime in a state that he/she was unable to discern things or make decisions due to the “a thieve disability under the influence of alcohol”.

Furthermore, examining whether the defendant committed the crime of this case at the time of committing the crime of this case, the court below held that the defendant did not have the ability to discern things or make decisions at the time of committing the crime of this case in full view of the circumstances such as the circumstance leading up to each of the crimes of this case, the means and methods of the crime of this case, the behavior of the defendant before and after the crime of this case, and the circumstances after the crime of this case.

B. The Defendant had a history of having been sentenced to punishment due to robbery, injury, special larceny, etc. on several occasions, and in particular, on January 30, 2009, sentenced to imprisonment with prison labor for three years due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and on December 20, 201, committed the instant crime again during the period of repeated crime even though the execution of the sentence was completed.

These circumstances are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes all of his criminal acts and reflects the wrongness, the crime of this case is only one time, and the amount of damage therefrom is not much significant, and the defendant does not want the punishment of the defendant by mutual consent with the victim, and the fact that the defendant seems to have caused the crime of this case in an economically difficult situation as a basic living beneficiary, etc. is favorable to the defendant.

3.2

참조조문

-특정범죄 가중처벌 등에 관한 법률

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