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(영문) 수원지방법원 2015.12.09 2015노3941
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from mental illness such as depression at the time of committing the instant crime, and was in a state of mental suffering.

B. The sentence of unfair sentencing (eight months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the record of the instant case’s determination as to the claim of mental suffering, namely, there is no objective evidence to know the Defendant’s mental illness history, such as depression, the details of treatment, and the current status of medication. In light of the background leading up to the instant crime, the method and method of the crime, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of the crime, etc., it does not appear that the Defendant did not have the ability to discern things or make decisions due to mental illness such as depression at the time of the instant crime.

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

B. In light of the fact that the defendant's criminal act was committed at night and against himself/herself, the victim D and G agreed, the damaged goods were returned to the victim He/she did not want to punish the defendant, the passenger car was returned out of the damaged goods to the victimJ, and the defendant did not have any past record of having been punished by imprisonment, even though he/she had been punished by the crime of larceny, the defendant committed a larceny in addition, even though he/she had a past record of criminal punishment several times due to the crime of larceny, and some of the crimes were committed by the defendant, in light of the circumstances, frequency, method, and contents of the crime, and the nature of the crime is not good; the defendant did not agree with some victims; the defendant was sentenced to a suspended sentence of imprisonment for the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) on January 2014; the defendant committed the crime in this case during the period of suspended execution.

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