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(영문) 창원지방법원 2014.01.23 2013노2127
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was deemed to have served alcohol at the time of each of the crimes in this case, in light of the Defendant’s ordinary drinking volume, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. Although the defendant is deemed to substitute for each of the crimes in this case, the defendant is deemed to have been sentenced to a fine, suspension of execution, and punishment on several occasions for the same crime; the defendant again committed each of the crimes in this case during the same repeated crime period; and the defendant's age, character and conduct, environment, motive, means and consequence of each of the crimes in this case; and all of the sentencing conditions in the records and arguments of this case, including the circumstances after the crime, are considered to be reasonable and unreasonable. Thus, the defendant's assertion of unfair sentencing is not reasonable.

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

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