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(영문) 인천지방법원 2018.11.02 2018노2201
절도
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 was physically and physically in a state of mental weakness due to shock disorder.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination:

A. According to the record of the determination on the assertion of mental and physical weakness, although it may be recognized that the defendant has a trouble in shocking, the defect of character, such as the impulse disorder, does not constitute a mental and physical disorder, which is the cause of reduction or exemption of punishment, and in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant had no or weak ability to discern things or make decisions at the time of the crime.

It does not seem that it does not appear.

The above assertion by the defendant is without merit.

B. In light of the fact that the Defendant appears to have suffered from mental illness such as shock disorder, etc., which caused damage to some victims, and certain victims do not want to punish the Defendant, each of the crimes of this case is committed even though the Defendant had been punished for the same crime several times, and some of the crimes of this case committed during the trial of the first instance; the crime committed in part of the crime of this case was committed in the course of the trial of the first instance; the amount of damage was significant; the Defendant’s age, sex behavior, environment, circumstance, circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

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

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