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(영문) 대구지방법원 2015.07.17 2015노1888
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal by the defendant and his defense counsel

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder with mental disorder due to a mental disorder.

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

2. Determination

A. In full view of the following: (a) the process leading to the instant crime, the means and methods of committing the instant crime, the Defendant’s act before and after the instant crime; and (b) the circumstances after the instant crime, which are acknowledged by the evidence duly admitted and investigated by the lower court regarding the defense counsel’s mental disorder; and (c) the Defendant does not seem to have reached a state of the ability to discern things or make decisions due to mental fission, etc. at the

B. Although there are circumstances such as the fact that the defendant's judgment on the assertion of unfair sentencing was made in the trial and recognized all of the crimes of this case and against his mistake, and the sentence of this case was finalized upon confirmation of the sentence due to the crime of this case, the suspension of execution of the first head stated in the judgment of the court below should be imposed together to the punishment for which the suspension of execution was invalidated and suspended, the defendant, who had been sentenced several times of the same kind of crimes, has not been aware that he had been under the suspension of execution due to the same crime, and also committed the crime of this case. The crime of this case is at a risk that he could bring about a more dangerous crime due to intrusion upon another's residence and steals property. In light of the Act on the Number of Crimes, the crime of this case is bad, and the defendant has consistently attitude of denying all of the crimes of this case from the investigative agency to the court of the court of the court below, and there is no special circumstance to change the sentence of the court below after the sentence of the court below, and there is no change in circumstances of the defendant.

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