(영문) 서울중앙지방법원 2017.06.15 2016노5231

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.06.15 2016노5231

절도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each of the crimes of this case committed by the defendant with mental or physical weakness was committed in a state of mental or physical weakness, such as shock disorder.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. According to the records of the determination on the assertion of mental and physical weakness, the defendant is not deemed to have reached a state where the defendant's ability to discern things or make decisions at the time of committing the instant crime, and thus, the defendant's mental and physical weakness assertion is not acceptable, in light of the fact that the defendant received treatment at the hospital after the instant case due to the mixed uneasiness, depression disorder, shock disorder, shock disorder, etc. (the trial records No. 11 of the trial records), in light of the background leading up to the Defendant to commit the instant crime, the method and method of the crime

B. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the first offender; (c) deposited the amount exceeding the theft amount for the victims; (d) the first instance court deposited the amount in excess of the theft amount for the victims (the trial record No. 9, 10 pages); (c) the victims and the victims have agreed to the first instance court; and (d) the cause leading to the instant crime appears to have affected the shock adjustment by the Defendant.

However, the crime of this case is an unfavorable condition to the defendant, such as the removal of stolen text attached to the clothes in the knife in which the defendant was in possession, and the fact that the crime is bad.

In addition, considering the various circumstances that are the conditions for sentencing as shown in the records and pleadings of this case, such as the Defendant’s age, environment, sex, motive for committing a crime, and circumstances before and after committing a crime, since the sentence imposed by the lower court is too unreasonable, it cannot be deemed unfair. Thus, the Defendant’s argument of sentencing is rejected.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

유사 판례

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