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(영문) 수원지방법원 2018.09.06 2018노4216
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a mental and physical state due to alcohol addiction at the time of each of the instant crimes.

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

2. Determination

A. According to the records of this case’s assertion of mental disorder, although the Defendant appears to have served in drinking in some cases at the time of committing each of the instant crimes, considering the circumstances leading to the instant crime recognized by the records, the means and methods of committing the instant crime, and the circumstances before and after committing the instant crime, the Defendant had no or weak ability to discern things or make decisions by drinking alcohol addiction or alcohol at the time of committing the instant crime.

shall not be deemed to exist.

Therefore, the defendant's and defense counsel's mental disorder is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared to the lower court’s judgment because new materials on sentencing have not been submitted in the trial at the trial, and the circumstances in which the Defendant alleged for unfair reasons for sentencing are already reflected in the sentencing grounds of the lower court. Not only the Defendant appears to have been punished several times due to the same kind of theft and violence, but also the Defendant committed each of the instant crimes repeatedly without being aware of, even though the Defendant was a repeated offense period due to the same kind of crime, the degree of injury suffered by the victim of the injury is significant, and the exercise of force exercised in the crime of assault does not take any measures to recover damage, such as the Defendant’s age, sex, degree of damage, motive, means and consequence of the crime, etc.

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