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(영문) 창원지방법원 2019.08.28 2019노1268
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability at the time of stopping each of the instant crimes.

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

2. As to the assertion of mental disorder, the Defendant was judged at Grade 2 with hearing disability, and the communication was obstructed. However, in light of the background and method of the crime, the Defendant’s behavior before and after the instant crime, etc., it is difficult to recognize that the Defendant had lacking the ability to discern things or make decisions at the time of each of the instant crimes.

Therefore, the defendant's mental disorder is without merit.

3. The lower court rendered a sentence on the assertion of unfair sentencing, based on favorable circumstances, such as the Defendant’s refusal to commit the instant crime, the victim did not want the punishment, the victim’s damage was recovered, and the Defendant’s environment and health conditions may be considered, and determined by taking account of the fact that the Defendant had been punished several times for the same type of crime, and the fact that the same crime was committed again during trial, which was disadvantageous to the Defendant.

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion of unfair sentencing is without merit.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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