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(영문) 수원지방법원 2013.09.25 2013노3349
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below and the court below as to the claim of mental disability, the defendant is deemed to have served alcohol at the time of the crime of larceny, fraud, and Specialized Credit Financial Business Act violation. However, in light of all circumstances such as the circumstances leading to each of the crimes of this case, the method and method of the crime, and the defendant's specific behavior before and after the crime, etc., it cannot be deemed that the defendant did not have reached a state where the defendant's ability to discern things or make decisions at the time of each of the crimes of this case. Thus, the defendant'

B. The Defendant already committed the instant crime during the period of repeated crime without being aware of the fact that he had been sentenced to imprisonment with prison labor even though he had already been sentenced to imprisonment with prison labor, and the instant crime was committed at the time when four months have not passed since the execution of imprisonment with prison labor was completed or when two months have passed since the completion of the instant crime, and in consideration of all the sentencing conditions specified in the instant records and arguments, including the Defendant’s age, character and conduct, home environment, and circumstances before and after the instant crime, the lower court’s imprisonment with prison labor (two years and six months) is reasonable and unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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