2017No4525 thief and attempted larceny

A

Both parties

Kim Chang-seop (Lawsuits) and Park Jong-young (Trial)

Attorney AG (National Ship)

Seoul Central District Court Decision 2017Da6655, 7025 decided November 24, 2017 (consolidated);

7026(Joint), 7283(Joint), Judgment

January 26, 2018

All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant

1) Mental disorders

The defendant has a mental disability caused by recognition disability and cerebral lele in June 2017.

The principal crime was committed in the state of mental disorder.

2) Unreasonable sentencing

The punishment of the court below (one year and two months of imprisonment) is too unreasonable.

(b) An inspection;

The sentence of the court below is too unhued so as to be unfair.

2. Determination

A. Determination as to the defendant's mental disorder

According to the evidence duly admitted and examined by the court below, the defendant's mental therapy is provided.

In the event of the theft of this case, etc. around August 2017, it is recognized that there was a history of being received, and that the theft of this case was committed in a mental hospital.

However, in full view of the circumstances and methods of each of the crimes of this case, including the fact that the defendant memorys the place or items of theft, the method of the crime is similar, and some of the damaged items are disposed of in other ways, the contents of the crime, the defendant's behavior before and after the crime of this case, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions at the time of each of the crimes of this case, or did not have the same ability. Thus, this part of the defendant'

B. Determination on the grounds of unfair sentencing by both parties

The fact that there are no criminal records exceeding the fine imposed on the defendant, and the health of the defendant is somewhat insufficient is favorable to the defendant.

However, the crime of this case was committed repeatedly in a short period of time, and the amount of damage therefrom reaches 6 million won. There is no circumstance to deem that there was additional agreement with the victims or that the Defendant made efforts to recover from damage.

In addition, even if the court below’s punishment is too heavy or unreasonable, it cannot be deemed that the defendant and the prosecutor’s assertion are without merit. The defendant and the prosecutor’s assertion are without merit.

3. Conclusion

Therefore, all appeals filed by the defendant and the prosecutor are dismissed as it is without merit, and they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

The presiding judge, senior judge, and leather

Judges Kim Gin-han

Judges Hwang Sung-sung