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(영문) 대전고등법원 (청주) 2017.08.24 2017노64
준특수강도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: Insignificant physical and mental weakness and unfair sentencing;

A. The Defendant, at the time of committing the instant crime, was under the influence of alcohol and was in a state of lacking ability to discern things or make decisions by making it possible to discern things or make decisions, by making it under the influence of alcohol under the influence of alcohol, even when he was under the influence of alcohol with the cooling and incomprehion of 40 years.

B. The sentence of the lower court (two years and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the defendant's physical and mental disorder test results show that the level of high-risk drinking is equivalent to the level of high-risk drinking, his father and her mother and 40 years old, but did not live smoothly, and the facts of drinking at the time of the crime of this case are acknowledged.

However, the defendant, upon being investigated by the investigative agency, has stolen the sovereignty and taken the knife by cutting it out.

The process of this case, the contents of the conversation between the victim and the victim at the time, and the circumstances of the arrest are stated in detail as to the arrest, and the defendant paid only the bbreg value of the breg in the calculation unit by inserting the breg in the breg.

In light of the circumstances revealed in the argument of this case, such as the background of the crime of this case and the Defendant’s behavior before and after the crime of this case, the Defendant had weak ability to discern things or make decisions due to the existence of alcohol, mental shock received from her mother, drinking, etc. at the time of the crime of this case, such as the following: (a) the Defendant’s threat of knife at the theft site; (b) the Defendant escaped about about 20 meters; and (c) the CCTV images on which the Defendant’s criminal process of this case was recorded are confirmed to have normal operation and state of the Defendant’s movement; and (d) the following:

It does not seem that it does not appear.

This part of the defendant's assertion is not accepted.

B. As to the wrongful argument of sentencing, the Defendant recognized the instant crime.

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