(영문) 대구지방법원 2014.10.02 2014노2146 | 리걸엔진

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(영문) 대구지방법원 2014.10.02 2014노2146

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental disorder at the time of each of the instant crimes, but under the influence of alcohol, was in a state of mental disability or mental health disorder.

The judgment of the court below which did not reduce punishment or acquittal is erroneous in the misapprehension of legal principles as to mental and physical disorder, which affected the conclusion of judgment.

B. The sentence imposed by the lower court (one year and nine months of imprisonment, and a fine of two hundred thousand won) is too unreasonable.

2. Determination

A. In light of the background, content, and circumstances after the crime of this case, recognized by the evidence duly adopted and examined in the lower court’s determination as to the assertion of mental disorder, it cannot be deemed that the Defendant had the ability to discern things or make decisions, and it cannot be said that there was a mental or physical condition due to mental illness or drinking.

The defendant's mental disorder is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing recognizes the error of each of the instant crimes and reflects on the assertion of unfair sentencing.

The sum of damage amount caused by the defendant's habitual theft crime and the fraud crime was relatively less than 1.63 million won and the damage amount was returned to the victims, which is the larceny damage.

However, the Defendant was sentenced to eight punishment for larceny and fraud only after 200. On January 11, 2013, the Daegu District Court sentenced one year to imprisonment for larceny, etc., and committed each of the crimes of this case during the repeated crime period after the execution of the sentence was completed on October 30, 2013.

The crime of fraud of this case was committed by receiving alcoholic beverages, etc. by means of false representation as if the defendant did not have an intent or ability to pay the drinking value, and the defendant has repeatedly committed the crime of this case even though he had had a record of punishment several times due to the same crime, and has failed to recover the damage.

The age, character and conduct, environment, and environment of the defendant.

유사 판례

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