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(영문) 서울북부지방법원 2017.01.20 2016노2233
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. At the time of committing the crime, the Defendant was in a state of weak mental and physical disorder.

B. The punishment of the lower court is heavy.

2. Determination

A. According to the evidence duly admitted and duly admitted by the Defendant as to the assertion of mental and physical disorder, even though the Defendant was aware of drinking alcohol at the time of committing the crime, it was in a state that the Defendant lacks the ability to discern things or make decisions.

subsection (b) of this section.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

Comparing the sentencing conditions indicated in the records and changes of the instant case, in particular, the circumstances of recidivism during the same repeated period and the reasons for sentencing of the original judgment, considering all the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s punishment is heavy.

subsection (b) of this section.

3. Conclusion, Defendant’s appeal cannot be accepted.

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