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(영문) 수원지방법원 2017.04.14 2017노539
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, or was unable or weak to discern things or make decisions due to mental illness.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means, and method of each of the crimes in this case as indicated in the evidence duly adopted and examined by the court below and the court below as to the assertion of mental disorder, and the defendant’s act before and after the crime in this case, the defendant was under the influence of alcohol at the time of each of the crimes in this case, or was in a state that the defendant was unable to discern things

Therefore, this part of the argument is without merit.

B. The court below's punishment is too unreasonable in light of all the conditions of sentencing, including the defendant's age, sexual behavior, motive, frequency of the crime, frequency of the crime, circumstances after the crime, and the fact that the defendant was sentenced to the maximum statutory punishment in the court below, under favorable circumstances, such as the confession of the defendant as to the unfair argument of sentencing, the number of the crimes and the amount of damage are not significant, the record of punishment several times for the same crime, the fact that each crime of this case occurred again during the repeated crime period due to the same crime, the crime of this case was committed again during the repeated crime period, the fact that the property was stolen by intrusion upon another's structure at night, and the damage was not repaid or there was no agreement with the victims.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the lower court (Article 35 of the Criminal Act). However, “Article 35 of the Criminal Act” as stated in the relevant provision of the Act on the Criminal Crimes as to the application of the law of the lower judgment is deleted, “1. Article 35 of the Criminal Act aggravated for repeated crimes”

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