(영문) 대전지방법원 2019.01.10 2018노3037 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.01.10 2018노3037

절도

Text

The judgment below

The remainder, excluding the part to be returned, shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was committed the instant crime under the circumstance that he did not have the ability to discern things or make decisions due to yellow disorder. (2) The sentence imposed by the lower court of unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. Prosecutor: The sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. According to the record as to the Defendant’s mental and physical disability assertion, the Defendant appears to have received medical treatment from the Z Hospital due to the symptoms of yellow disorder. However, in light of the following: (a) the Defendant brought the vehicle to escape on the preceding day of the instant crime and clothes, etc. to be brought about in advance to the place where the instant crime was committed; (b) planned to commit the instant crime, such as destroying mobile phone core chips; and (c) the Defendant committed the instant crime as prepared and planned as above, and (d) planned to commit the instant crime, the Defendant committed the instant crime. In light of the fact that the Defendant had the symptoms of yellow disorder at the time of the instant crime.

Thus, it cannot be deemed that the defendant has no or weak ability to discern things or make decisions.

This part of the defendant's assertion is without merit.

B. In light of the following: (a) the Defendant was aware of each of the alleged unfair sentencing claims by the Defendant and the prosecutor, and instead, he was aware of the part of the Defendant’s own intent that the Defendant should safely transport cash; (b) the Defendant’s stolen cash amounting to KRW 235 million; and (c) the Defendant committed the instant crime under a close plan, as well as the Defendant’s assertion that most of the cash that was stolen after the commission of the instant crime was abandoned; and (d) the Defendant was consistent with the arguments that it was difficult to understand, such as the Defendant’s recognition of the instant crime and the Defendant’s favorable circumstances that are favorable to the Defendant, such as having no criminal record of the same kind.

유사 판례

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-부산고등법원 2015.11.18 2015노344

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