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(영문) 부산지방법원 2014.10.21 2014노2808
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, he/she was in a state of mental suffering as a mental suffering.

B. The sentence of one and a half years of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant was regularly treated at H Hospital from November 28, 198 to October 24, 201 due to the “inorganic mental illness,” etc., and thereafter received treatment once again from Apr. 23, 2013, and was punished for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. before being punished, it is recognized that the above evidence was reduced for mental illness at the time of the crime, but in other words, the defendant stated that the defendant committed the crime of this case because he was living regardless of the mental illness (see, e.g., Articles 102 and 128 of the Investigation Record), the circumstance and method of the crime of this case, and the behavior after the crime, etc., and the defendant did not have the ability to make a decision by mental illness at the time of the crime of this case, and thus, the defendant did not have any mental disorder or ability to make a decision by mental disorder at the time of this case.

B. It is recognized that the Defendant’s judgment on the assertion of unfair sentencing recognizes the instant crime and reflects his mistake, and that all damaged goods, other than some of the damaged goods, recovered by the victim and substantial damage is relatively minor, and that there are family members, such as the mother of the aged, and economic circumstances do not change.

However, the crime of this case was committed in the U.S. where the defendant habitually entered the Smarket of the victim's operation, and the victim entered 1.1 million won in cash.

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