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(영문) 의정부지방법원 2013.10.08 2013노1647
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder due to drinking at the time of each of the instant crimes.

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

2. Determination:

A. As to the claim of mental disability, the defendant alleged that he had reached the crime of this case under the lack of the ability to discern things or make decisions due to a drunken relation. However, in light of the details and detailed methods of each crime of this case, the defendant's speech and attitude before and after the crime of this case, it does not seem that the defendant had a state of loss or lack of the ability to distinguish things or make decisions due to drinking alcohol at the time of the crime of this case, and there is insufficient data to acknowledge the defendant's assertion. Thus, this part of the defendant's assertion is without merit

B. Although there are circumstances such as the fact that the total amount of damage to the instant crime is minor, and that the Defendant is pening his fault in depth, such circumstance appears to have been fully reflected in the lower court’s discretionary mitigation. On the other hand, the Defendant is recognized as having a habit of larceny, and the risk of recidivism seems to be high, and the Defendant again went back to each of the instant crimes without showing any circumstances despite the past record of criminal punishment several times for the same crime, and the Defendant did not appear to have committed the instant crimes. The crime is not good, and the Defendant continuously damaged many victims by preventing repeated crimes against the neighboring or unspecified taxi drivers, and the Defendant need to isolate the Defendant in society, and did not agree to recover from damage or have no agreement with the victims.

In addition, the records of this case, such as the age, character and conduct, criminal law, and circumstances after the crime, are revealed.

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