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(영문) 부산지방법원 2020.08.20 2020노1572
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant with mental disorder shall be mitigated since he was under the influence of alcohol at the time of the instant case or was in a state of mental disorder due to the symptoms of alcohol alcohol, and thus, the punishment against the defendant shall be mitigated.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it can be recognized that the Defendant was under the influence of alcohol at the time of each of the instant crimes, or was suffering from alcohol alcohol.

However, in light of the occurrence of each of the instant crimes, the means and methods of the crime, and the circumstances before and after the crime, it cannot be deemed that the Defendant had weak ability to discern things or make decisions due to the said cause at the time of each of the instant crimes.

Therefore, this part of the defendant's and defense counsel's assertion is without merit.

3. Although the judgment on the assertion of unfair sentencing was made on the grounds of an agreement between the defendant and some victims in the trial, considering the following factors: (a) the defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime, and other various sentencing conditions as stated in the arguments at the original court and the party hearing, the sentence imposed by the court below is not heavier than that of the defendant within the reasonable scope of discretion.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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