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(영문) 서울중앙지방법원 2015.05.22 2015노1376
상습절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder with mental disorder due to a mental disorder.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances: (a) the process and method of committing a crime acknowledged by the evidence duly adopted and examined by the court below; (b) the details of the crime; and (c) the Defendant’s act before and after the crime; and (d) the Defendant appears to have failed to have the ability to discern things or make decisions due to mental fission, etc. at the time of the crime in this case;

B. The Defendant had a record of having been punished several times for the same crime, among which three times of the sentence was sentenced, and the Defendant committed the instant crime during the repeated crime period after the execution of imprisonment was completed for the same kind of crime.

Until now, victims have not recovered from damage.

However, the Defendant, while actively disclosing the facts of the instant crime in the investigative agency, has led to the confession of the Defendant and against the mistake.

The scale of damage is relatively small, and the gains actually earned by the defendant are recognized as less than the amount of damage.

The defendant seems to have not been healthy due to mental fissionation, depression, etc.

In addition, in full view of various circumstances, including the Defendant’s age, family relationship, occupation, etc., the sentence imposed by the lower court is deemed unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Separate Judgment] The criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in the corresponding column of the judgment below.

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