(영문) 광주고등법원 2013.10.10 2013노369 | 리걸엔진

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(영문) 광주고등법원 2013.10.10 2013노369

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant with mental or physical disorder caused by shock disorder to military register, thereby resulting in the instant crime. At the time of committing the instant crime, the Defendant had no or weak ability to discern things or make decisions.

B. The lower court’s sentence (five years of imprisonment, confiscation) imposed on the Defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the circumstances, such as the circumstance leading up to the Defendant to the crime, the means and method of the crime, the behavior of the Defendant before and after the crime, and the fact that the mental appraisal shows that the mental disorder of the Defendant is not likely to have been diagnosed, the Defendant does not seem to have reached a state where he does not have the ability to discern things or make decisions at the time of the crime. Accordingly, this part of the Defendant’s assertion is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is not a favorable circumstance for the Defendant, such as the fact that all criminal facts are accepted and the mistake is divided, and a part of the damaged goods have been returned to the victims.

However, the crime of this case was committed on several occasions by the Defendant, which stolen or attempted to steals property equivalent to KRW 52 million in total, and the quality of the crime is not good. The Defendant again committed the crime of this case within the repeated offense period after the completion of the final sentence, even though having been sentenced several times of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). In full view of various sentencing conditions, such as the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means, consequence, etc., the Defendant’s punishment, which the lower court sentenced to is too unreasonable, is not recognized as being too unreasonable. Therefore, this part of the Defendant’s assertion is without merit.

3. Thus, the defendant's appeal is without merit.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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