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(영문) 부산지방법원 2015.01.29 2014노4416
절도
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to mental fissionation.

B. Unless otherwise, the lower court’s sentencing (ten months of imprisonment) is too unlimited and unfair.

Judgment

A. According to the records on the determination of mental and physical disability, even though the defendant was suffering from mental fission, according to the doctor's opinion, according to the defendant's last medical treatment at the time of July 8, 2013, the defendant's method of committing the crime in this case was planned, the defendant's attitude before and after committing the crime in this case, and the defendant's speech and behavior, etc., it is not deemed that the defendant had the weak ability to discern things or make decisions at the time of committing each of the crimes in this case, and therefore, this part of the defendant's assertion is without merit.

B. The Defendant’s determination on the assertion of unfair sentencing is in violation of depth while making a confession of all the instant crimes, and the part of the damaged goods is recovered to the victim, etc., which are favorable to the Defendant, or there was a history of criminal punishment for a total of five times including that the Defendant was sentenced four times to imprisonment with prison labor for the same kind of crime. In particular, even though the Defendant was sentenced for six months due to the same crime, the Defendant committed the instant crime, the number of the Defendant’s crimes is multiple and the Defendant appears to be a planned crime, such as preparing tools in advance, etc. In addition, considering the motive and background leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, the sentencing of the lower court is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition.

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