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(영문) 서울고등법원 2014.05.16 2014노512
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to brain stroke and dementia.

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated in the trial, the Defendant lost the ability to discern things or make decisions due to strokes and dementia at the time of committing the instant crime.

The judgment of the court below that deemed that such ability did not reach a weak state is justifiable.

Therefore, the defendant's above assertion of mental disability is without merit.

1) As a result of the mental appraisal in the court below on the defendant, "the defendant is deemed to have suffered from cerebral cerebrovascular problems, but currently without observation of neological abnormals, such as the left-hand malibs, and scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics, etc."

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