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(영문) 서울고등법원 2018.04.19 2018노532
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had mental and physical weakness due to the decline in mental disability and impulse capacity.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental and physical weakness, the Defendant had already asserted the same purport as that of this part in the lower judgment.

In regard to this, the lower court rejected Defendant’s mental and physical assertion on the following grounds: (a) based on the following circumstances: (b) the Defendant’s act before and after the instant crime was committed; (c) the Defendant stolen the victim’s vehicle with the knowledge that the Defendant was identical to the vehicle that stolen the former keys; and (d) the other customer who was at the convenience store was at the convenience store by allowing the victim to drive the vehicle;

In light of the records and evidence of this case, the above judgment of the court below is justified.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the wrongful argument of sentencing, the Defendant appears to have the attitude of recognizing and opposing his mistake, the distance of the stolen vehicle is short, and the Defendant stolen the vehicle of the victim to the driver.

Recognizing the fact that the driver reported to the police, the keys of the stolen vehicle, and the vehicle of the victim are returned.

However, the crime of this case committed by the defendant habitually steals the key of the vehicle and further steals the vehicle, and the nature of the crime is not good.

Furthermore, the Defendant has already been subject to criminal punishment several times due to the same crime, and the instant crime was committed in only one month after the execution of final punishment due to habitual larceny.

It is inevitable to strictly punish the defendant.

The judgment of the court below, including the above favorable and unfavorable circumstances.

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