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(영문) 대구지방법원 2016.06.16 2016노1190
절도등
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.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, the Defendant had been treated with alcohol dependence; however, in full view of the circumstances such as the background of the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, the Defendant was under the influence of alcohol, and was in a state of lacking ability to discern things or make decisions.

subsection (b) of this section.

B. 1) The lower court sentenced six months of imprisonment, which is lower than the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee (one year to two months) in consideration of favorable circumstances, such as the fact that the Defendant again committed the instant crime during the period of repeated crime, the fact that the Defendant was punished five times including the same crime, the fact that the Defendant did not make a serious effort to recover damage, and on the other hand, that the Defendant recognized all the instant crime and reflects the amount of damage, and that the amount of damage is not significant.

2) In light of the circumstances taken into account by the lower court and all the sentencing conditions shown in the records and theories of this case, such as the Defendant’s age, sex, environment, criminal records, criminal records, family relations, motive, means and consequence of the crime, etc., the lower court’s sentence of six months, which is less than a year of imprisonment with labor, which is less than a year, set forth in the sentencing guidelines, is too large as the Defendant’s assertion, is not deemed unfair (in the case of Defendant’s repeated crime of the same kind, the lower court did not take into account the fact that the Defendant is an aggravated factor among the special sentencing factors of the sentencing sentencing sentencing guidelines set forth in the sentencing guidelines of the Supreme Court Sentencing Committee, and considering this part, the scope of the recommended sentence (one year to four years) is limited.

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