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(영문) 부산지방법원 2014.05.02 2014노372
점유이탈물횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The defendant is a mentally disabled person of the second degree in a mental retardation who was declared quasi-incompetent, and was in a state of mental disability at the time of committing the instant crime.

B. The sentence of one year and four months of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the record of the judgment on the claim of mental retardation, the defendant is deemed a quasi-incompetent with mental retardation capacity, etc. which falls short of the ordinary level, and is deemed a quasi-incompetent with mental retardation Grade II, but in light of the background, method and method of the crime in this case and the circumstances after the crime, etc., it is deemed that the defendant lacks the ability to discern things or make decisions due to mental retardation at the time of the crime. Thus, the defendant's argument of mental retardation is without merit.

B. It is recognized that the Defendant’s judgment on the assertion of unfair sentencing recognized the instant crime and against his mistake, and that the Defendant is a person with disabilities of Grade II in the mental retardation as a person with disabilities of Grade II, who was sentenced to quasi-incompetency.

However, prior to being punished several times for the same type of crime, in particular, in consideration of the fact that the person was punished for the crime of embezzlement of stolen objects, and even during the period of repeated crime, the person committed the crime of this case repeatedly even though it was still in the period of repeated crime, the damage recovery was not made up to the trial, and other circumstances, such as the defendant's age, environment, family relationship, occupation, circumstance leading to the crime of this case, circumstance leading to the crime of this case, etc., and circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, in accordance with Article 25 of the Rules on Criminal Procedure, the attached Form of the judgment of the court below.

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