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(영문) 광주지방법원 2019.07.10 2019노814
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was a mental and physical state at the time of the instant crime.

(2) In addition, the sentence (one year of imprisonment) of the court below is too unreasonable.

2. On the records of this case ex officio, the defendant had no ability to discern things or make decisions at the time of committing the crime of this case.

did not appear to have existed in or weak condition.

In addition, compared to the judgment below, there is no particular change in the sentencing conditions, and considering various sentencing conditions as shown in the records and arguments of this case including the fact that the sentence imposed by the court below is the lowest sentence, the sentence of the court below is inappropriate. Thus, the defendant's assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.

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