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(영문) 창원지방법원 2019.01.10 2018노2272
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each larceny in a state of loss or lack of ability to discern things due to mental illness, such as depression, shock disorder, etc.

B. The sentence of the court below (two years of imprisonment) is too unreasonable in light of the circumstances, such as the defendant's serious reflection of unreasonable sentencing, the return of damaged goods, the existence of dependent family members (the third amam, the mother and the grandparent), etc.

2. Determination

A. According to the record as to the assertion of mental disorder, the circumstance where the Defendant had a mental health disease, such as depression and WIG disorder, at the time of each of the instant crimes, is recognized.

However, in full view of the details and methods of the crime by the evidence adopted and examined by the court below, the contents of the crime, and the conduct before and after the crime, it does not seem that the defendant had reached the crime under the circumstances where the right and wrong or the ability to make a decision is lost or weak.

Defendant’s assertion that the Defendant had a mental disorder at the time of committing the instant crime is rejected.

B. Even when considering the circumstances alleged in the grounds of appeal regarding the allegation of unfair sentencing, the lower court appears to have determined the sentence within a reasonable scope, taking full account of all the circumstances regarding the sentencing.

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

Defendant’s assertion that the sentencing of the lower court is unreasonable is rejected.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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