(영문) 부산지방법원 2014.11.20 2014노3462 | 리걸엔진

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(영문) 부산지방법원 2014.11.20 2014노3462

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. Although the Defendant committed the instant crime in a state of mental and physical disability due to depression, etc., he did not reduce mental and physical disability, the lower court erred by misapprehending the legal principles concerning mental and physical disability.

B. In light of the fact that the Defendant’s confessions the instant crime, repents his mistake, leads the Defendant to the Defendant, which is less likely to repeat the crime, and the Defendant’s health is not good, etc., the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of all the circumstances, including the means and methods of each of the instant crimes, the Defendant’s conduct before and after the crime, and the circumstances after the crime, etc., indicated in the judgment on the claim of mental retardation, it is recognized that the Defendant was suffering from unstable disorder at the time of each of the instant crimes, but it is not deemed that the Defendant did not have the ability to discern things at the time of each of the instant crimes, or to make decisions.

Therefore, this part of the defendant's argument is without merit.

B. The crime of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) due to habitual determination on the assertion of unfair sentencing is three years, and the lower court seems to have mitigated the lower limit of the statutory penalty (three years of imprisonment) by fully considering the favorable circumstances in the Defendant, and determined the instant punishment by taking into account the circumstances favorable to the Defendant. There is no change in circumstances that would vary between the lower court and the punishment; nine times of imprisonment (five times of suspended sentence, three times of suspended sentence, and one time of fine) or nine times of the records of the Defendant’s punishment for the same crime; the amount of damage reaches 10,000 won in total; the victims have not been agreed with or has not recovered from damage until the trial; the Defendant’s age, character and conduct, motive, means and method of the instant crime; and

참조조문

-특정범죄 가중처벌 등에 관한 법률

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