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(영문) 대전지방법원 2014.12.18 2014노3055
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 weak ability to discern things or make decisions at the time of each of the instant crimes due to cancer surgery, mental therapy, aftermathy, etc.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is excessively unreasonable.

2. We examine the determination of mental and physical disability claim, and find out the circumstances where the present mental and physical condition of the defendant is unstable, and where the defendant cannot properly memory at the time of the crime. However, there is a lack of materials to deem that the defendant went to each of the crimes of this case in a situation where it is difficult to control his impulse due to mental and physical disorder at the time of the crime of larceny and fraud of this case. Thus, the defendant'

3. It would be reasonable to consider that the Defendant’s judgment on the assertion of unfair sentencing is suffering from physical or mental pain due to the post-exploitation of an ex post facto disease.

However, there is a previous penalty such as a fine and a suspended execution which has been over several times before the defendant, and no particular damage recovery has been made, the statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is imprisonment with prison labor for life or for a limited term of not less than three years, and the court below decided a limited term of punishment and sentenced a limited term of punishment to the defendant by discretionary mitigation, and taking into account various sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances before and after the crime, and thus, the defendant'

4. 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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