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(영문) 서울중앙지방법원 2018.11.22 2018노2649
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to mental illness such as early illness.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the developments leading up to the instant crime, the means and method of the commission of the crime, the actions of the Defendant immediately after the commission of the crime, and the contents and attitude of the Defendant’s testimony at the trial court, which are acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, the Defendant was in a state that the Defendant did not have or lacks the ability

There is no other evidence to acknowledge it.

Therefore, this part of the defendant's assertion is rejected.

B. We examine the unfair argument of sentencing: (a) there are favorable circumstances, such as: (b) the Defendant’s acknowledgement of the instant crime and against his mistake; and (c) the fact that most of the damaged items are recovered and deemed to have been restored.

However, the defendant's previous convictions reached several times. Among them, the defendant was sentenced to eight months of imprisonment with prison labor for habitual larceny at the Seoul Central District Court on November 1, 2016 and completed the execution of the sentence on August 28, 2017 and committed the crime of this case on seven occasions habitually even though he/she was habitually committing the crime, there is no change in the sentencing conditions until now compared with the original court, and there is no change in the sentencing conditions until now, and there is no other change in the sentencing conditions in light of the records and arguments of this case, such as the defendant's age, sex, character, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and therefore, there is no reason to believe that this part of the sentence of this case is unfair.

3. As such, 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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