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(영문) 청주지방법원 2014.04.24 2013노800
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of weak mental and physical disorder due to depression.

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

2. Determination

A. According to the records on the determination of mental and physical disability, it is recognized that the Defendant was subject to pharmacologic on January 7, 2013 and January 16, 2013, two months prior to each of the instant crimes, but in light of the background of the instant crime, the method and method of the crime, the Defendant’s act before and after the instant crime, etc., it cannot be deemed that the Defendant did not have reached a state of lacking the ability to discern things or make decisions due to depression at the time of each of the instant crimes, and thus, the Defendant’s assertion of mental and physical disability is without merit.

B. Although considering the circumstances, such as the fact that the defendant recognized all of the crimes of this case as well as reflects on the determination of unfair sentencing, the amount of damage is not significant, and there are married children to support, considering such circumstances, the court below appears to have sentenced the lowest punishment within the range of the applicable sentences that have been mitigated only once, and the defendant can have been punished for the same kind of crime, and the defendant habitually committed each of the crimes of this case during the suspension period of the execution of the same kind of crime. The motive for each of the crimes of this case is not good for raising gambling funds, the defendant's age, character and behavior, environment, means and consequence of the crime, circumstances after the crime, etc., as a whole, the court below's punishment is judged to be appropriate and it is not recognized that the defendant's assertion of unfair sentencing is unfair because it is not reasonable.

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.

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