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(영문) 서울남부지방법원 2019.07.04 2018노750
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (non-incompetent of mental disability and unreasonable sentencing)

A. At the time of committing the instant crime, the Defendant was in a state of mental disability due to depression, uneasiness, dye, and shock disorder.

B. The sentence imposed by the lower court (four months of imprisonment, one year of suspended execution, and one year of probation) is too unreasonable.

2. Determination

A. It is recognized that the defendant has been diagnosed and continuously treated as friendly, uneasiness, humping, obsesses, obsescy, influority, and the difficulty in shocking and shocking in relation thereto, etc.

However, in light of the circumstances surrounding the crime committed by the Defendant, including the following facts: (a) the Defendant took a disturbance at the place of the crime; (b) the Defendant only calculated the disturbance; and (c) the damaged items in the judgment were contained in the bank for the purpose of not calculating the amount of damage; and (d) the fact that even according to the medical certificate submitted by the Defendant, the Defendant did not find any accurate reason for the larceny of the Defendant; and (b) the Defendant’s act before and after the crime was committed, etc., it cannot be deemed that the Defendant did not have the ability to distinguish things or make decisions due to depression, uneasiness, dys, and shock disorder at the time of the crime of this case.

The defendant's argument of mental disability is without merit.

B. The Defendant made a confession of charges and reflects on the assertion of unfair sentencing.

Damage caused by larceny was returned to the victim.

However, the defendant has already been punished for a fine of seven times due to larceny.

As above, the defendant has committed the crime of this case even after being sentenced to a fine several times, and it is judged that the prior action of the fine is difficult to expect the voluntary improvement of the defendant's personality and behavior.

In addition, various circumstances such as the defendant's age, character and conduct, motive and background of the crime, and circumstances after the crime, etc., which form the conditions for sentencing as shown in the records and arguments of this case.

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