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(영문) 부산고등법원 2014.06.18 2013노676
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, and a fine of 300,000 won) is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental disorder, the defendant may be deemed to have been under the influence of alcohol at the time of the instant crime. However, in light of the motive, background, means and methods of the instant crime, and the circumstances before and after the instant crime, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime

Therefore, this part of the defendant's argument is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing is a favorable circumstance for the Defendant, inasmuch as the Defendant committed the instant crime in a state of economic lack, and the fact that the amount of damage is relatively small, etc., that is, the Defendant would not repeat again while intending to commit each of the instant crimes.

However, in full view of the following factors: (a) the Defendant was sentenced to multiple punishment for the same kind of crime; (b) the Defendant repeatedly committed the thief crime of this case at least three weeks; (c) the Defendant’s age, character and conduct and environment; (d) the motive, means and consequence of the crime; and (e) the sentencing conditions indicated in the argument of this case, such as the circumstances after the crime; and (e) the recommended sentence according to the sentencing guidelines set by the Sentencing Commission, the lower court’s sentence is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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