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(영문) 수원지방법원 2019.01.24 2018노7442
특정범죄가중처벌등에관한법률위반(절도)
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of mental disorder or mental disability.

B. The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the record on the argument of mental disorder or mental retardation, even though the defendant was found to have drinking alcohol at the time of the crime of this case, considering the method and method of the crime of this case, the defendant's attitude and words before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

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

B. Although the court below appears to have taken into account the defendant's attitude against the argument of unfair sentencing, the contingent crime, the damage is minor, the damage is returned to the victims, and the victim D does not want punishment, these factors appear to have been sufficiently considered even in the court below. However, if the defendant again committed a crime during the period of repeated crime that has not yet been released even though he had been punished several times due to the same crime, and considering the defendant's age, character and behavior, environment, family relationship, motive for the crime, method of crime, and circumstances after the crime, etc., all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive for the crime, method of crime, etc., the court below's punishment is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition

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