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(영문) 서울중앙지방법원 2020.06.02 2020노140
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had no or weak ability to discern things or make decisions due to mental disorders, such as shock disorder, depression, and corrosion, etc.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the circumstances such as the background of each of the instant crimes, the means and methods of committing a crime, and the act of the Defendant before and after committing a crime, which can be recognized by the records of the instant case as to the assertion of mental disorder, the fact that the Defendant was suffering from mental disorder, such as shock and depression, is recognized, but there was no ability to discern things or make decisions due to the Defendant’s mental disorder at the time of committing

did not appear to have existed in or weak condition.

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

B. Although there are many kinds of records of the defendant's judgment on the assertion of unfair sentencing, and there are unfavorable circumstances, such as the defendant committed each of the crimes in this case during the suspension period for the same kind of crime (the current suspension period was limited to the above suspension period), the defendant recognized each of the crimes in this case, seriously reflects his mistake, and again does not repeat again, the damage amount was returned, the damage amount was agreed with the victim F, the mental disorder, such as the defendant's shock behavior and depression, seems to be one of the factors that led to the crime in this case. In addition, considering all of the factors such as the defendant's age, character and behavior, environment, motive and contents of the crime, the motive and content of the crime, the means and result of the crime, the circumstances after the crime, etc., the sentencing of the court below against the defendant is judged to be unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Thus, the defendant's appeal is correct.

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