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(영문) 춘천지방법원 2018.07.20 2018노391
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing each of the instant crimes.

B. The sentence sentenced by the lower court is too unreasonable.

2. In light of the background leading up to each of the instant crimes, the means and methods of committing the instant crimes, and the circumstances before and after committing the instant crimes, the circumstance alleged by the Defendant alone that the Defendant had no or weak ability to discern things or make decisions at the time of each of the instant crimes.

There is a lack of view and there is no other material to recognize the mental disorder of the defendant.

The defendant's mental disorder is not accepted.

3. After the judgment of the court below on the unfair argument of sentencing, the defendant expressed his intention that some victims are not punished against the defendant by further agreement with some victims.

However, in light of the conditions of sentencing as indicated in the record and the theory of changes, including the developments leading up to the agreement with some victims in the appellate trial, and the reasons for sentencing of the lower judgment, even if considering all the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair due to the lack of punishment.

We do not accept the defendant's unfair argument of sentencing.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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