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(영문) 수원지방법원 2016.06.01 2016노2082
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes with mental and physical disorder, he was under the influence of alcohol.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the Defendant may be deemed to have served alcohol at the time of each of the instant crimes. However, in light of the background leading up to the Defendant to the crime, the means and method of the crime, the Defendant’s act before and after the crime, etc., the Defendant was under the influence of alcohol at the time of each of the instant crimes, and had no or weak ability to discern things

Therefore, this part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the defendant does not have much value of the stolen goods, and the victim E, F, and I do not want to be punished against the defendant.

However, even though the Defendant had been punished for the same crime, the Defendant committed the larceny of this case repeatedly more than seven times, and the victims did not recover from the damage.

In addition, the lower court’s sentencing is determined to be appropriate, and it does not seem unfair because it is too unreasonable, in light of the following circumstances, comprehensively takes account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as indicated in the previous theory.

Therefore, this part of 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. It is so decided as per Disposition, since the defendant's appeal is without merit.

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