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(영문) 창원지방법원 2018.07.26 2018노754
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s judgment that did not consider the physical and mental weakness due to medication at the time of committing each of the crimes described in Articles 1 through 3 of the 2017 Highest 3350 and the 2017 Highest 4092, respectively, was unlawful.

B. The sentence of the lower court’s unfair sentencing (three months of imprisonment with prison labor and two years of imprisonment with prison labor for the remaining crimes as indicated in the holding in the judgment of the lower court regarding the crimes No. 1 in the case of “2018 Highest 380,” which are set forth in the judgment of the lower court) is unfair because it is too unreasonable (the Defendant explicitly withdraws his assertion of mistake on the first trial date of the first trial of the lower court).2.

A. In full view of the fact-finding results on the medical corporation of this court’s determination on the assertion of mental and physical weakness, comprehensively taking into account the medical corporation of this court’s determination on the assertion of mental and physical weakness, the Defendant: (a) was deemed to have been subject to pharmacologic treatment under the symptoms, such as depression, respiratory difficulty, anxiety, etc. in MHS hospital during the period from November 7, 2017 to January 16, 2018; (b) but, as alleged by the Defendant, the Defendant was deemed to have weak the ability or decision-making ability to discern things at the time of committing the crime.

subsection (b) of this section.

Therefore, the defendant's mental and physical weakness cannot be accepted.

B. The lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable circumstances and unfavorable circumstances for the Defendant, and there is no special change in circumstances that may change the sentencing after the sentence of the lower judgment.

In addition, considering the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence against the defendant is too unreasonable.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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