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(영문) 서울서부지방법원 2020.09.24 2020노410
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental health and physical disability with depression.

B. The lower court’s sentence of unreasonable sentencing (the 500,000 won suspended sentence) is too unreasonable.

2. Determination

A. As alleged in this case, the Defendant suffered from friendly disease at the time of the instant crime, as alleged by the Defendant.

In light of the background and method of the instant crime, and various circumstances of the Defendant’s behavior before and after the instant crime, it does not seem that the Defendant had weak ability to discern things or make decisions due to the foregoing disease at the time of the instant crime.

The defendant's argument of mental disability is without merit.

B. There is no change in the conditions of sentencing compared to the lower court’s assertion of unfair sentencing, and even if considering all the conditions of sentencing, including the number of crimes, the amount of damage, the age, character and conduct, environment, the circumstances and result of the crimes, etc., the lower court’s punishment is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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