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(영문) 대전고등법원 2014.04.11 2014노13
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant lacks the ability to discern things or make decisions.

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

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental and physical disorder, even though the Defendant was under the influence of alcohol at the time of committing the instant crime, taking full account of various circumstances acknowledged by the evidence examined by the lower court, such as the background leading to the instant crime, the means and method of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, the Defendant did not have the ability to discern things or make decisions

It does not seem that there was or was a weak state.

Therefore, the defendant's mental disorder is not accepted.

B. As to the assertion on unfair sentencing, the Defendant forced a taxi by threatening a stolen taxi engineer from a convenience store, and punished a series of crimes committed under the influence of alcohol and without a license to drive the taxi.

Although the Defendant had been sentenced to a suspended sentence repeatedly for driving under the influence of alcohol or driving without a license in the past, the Defendant was also driving under the influence of alcohol or driving without a license. In particular, the special robbery constitutes a serious crime that may lead to the death of human life, and thus, it is inevitable to sentence the Defendant to a punishment for a considerable period of time.

However, the defendant seems to have committed the crime of this case by drinking a considerable amount of alcohol at the meeting place and contingently, the fact that there is no damage to human life or a large property in the course of the crime, all of his errors are recognized, and that he is trying to prevent recidivism by cutting drinking habits in the future, and the victim F of the special robbery in the trial is the victim of the special robbery.

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