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(영문) 전주지방법원 2016.03.31 2016노90
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally weak due to a personality disorder, such as depression and shock disorder.

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

2. As to the assertion of mental and physical weakness, the defense counsel asserts that the defendant had mental and physical weakness due to the personality disorder, such as depression, shock disorder, etc. at the time of the crime in this case, the defendant's defense counsel cannot be deemed to have reached a state where the defendant had no or weak ability to discern things at the time of the crime in light of various circumstances, such as the following: (a) the background and means of the crime in this case; (b) the defendant's behavior before and after the crime in this case; and (c) the time and place of the crime in this case; and (d) the defendant's injury, etc., which are duly adopted and investigated by the evidence duly admitted and investigated by the court

3. It is recognized that the Defendant repeatedly committed a number of identical offenses, and in particular, partial larceny committed an intrusion upon residence at night, the nature and circumstances of the offense are not very good, the damage was not completely recovered, and there was no additional damage recovery up to the trial.

However, the Defendant committed the instant crime in light of the fact that the Defendant recognized all of the instant crimes and reflects the depth of the Defendant, the fact that the Defendant had no record of criminal punishment, the total amount of the stolen damage, the recovery of some damage, the Defendant appears to have committed the instant crime in a difficult situation due to a change in the family environment where he could not return to the house, and other sentencing conditions specified in the record and the theory of change, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., are too unreasonable.

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