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(영문) 대구고등법원 2013.04.04 2013노88
강도치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the robbery resulting from robbery as indicated in the judgment below, was in a state of having no or weak ability to discern things or make decisions due to drinking, and thus, the judgment below which did not recognize it is erroneous and adversely affected the conclusion of the judgment by misunderstanding the fact concerning the mental disorder

B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, the fact that the defendant was in a state of drinking alcohol to a certain extent at the time of committing the bodily injury resulting from robbery is recognized.

However, in full view of all the circumstances, such as the background leading up to the instant crime, the means and method of the crime, the criminal defendant's criminal conduct before and after the crime, and the circumstances after the crime, it is determined that the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

The judgment of the court below is correct if the court below does not recognize the mental and physical disorder of the defendant, and there is no error of mistake in the judgment below

Therefore, this part of the defendant's argument is without merit.

B. The Defendant has led to the confession of the crime and divided his mistake.

In order to prepare living expenses, the defendant committed the crime of this case, and employed the company after the crime of this case.

The victims do not want to punish the victims by mutual consent.

The defendant has a mother and wife responsible for supporting the defendant, and two children.

Such circumstances are favorable to the defendant.

However, the defendant is punished by imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 195 and larceny in 2006.

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