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(영문) 서울고등법원 2014.04.29 2014노654
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s assertion of mental disorder was in a state of mental disorder caused by mental illness such as depression of the instant crime.

B. In the case of Defendant A’s assertion of unfair sentencing by the Defendants, the first instance sentence (Defendant A: 4 years of imprisonment, and Defendant B: imprisonment with prison labor for 3 years and 3 years and 6 months) is too unreasonable in light of all the circumstances, including the fact that the Defendants showed the network at the time of committing the crime under paragraph (1) of the criminal facts in the judgment of the first instance, and did not actively participate in the crime, and the degree

2. Determination:

A. According to the record on Defendant A’s assertion of mental disorder, it does not seem that Defendant A lacks the ability to discern things or make decisions due to mental disorder at the time of committing the instant crime, in light of various circumstances, such as the background leading up to the instant crime, the means and method of committing the instant crime, the Defendant’s act before and after the instant crime, and the fact that the said Defendant made a statement by thoroughly memorying the process of committing the instant crime.

Therefore, Defendant A’s assertion of mental disorder cannot be accepted.

B. As to the Defendants’ assertion of unfair sentencing, the instant crime committed by the Defendants was committed by opening an entrance through the joint removal of the entrance at night, and the goods are stolen by entering the store, and the nature of the instant crime is not good in light of the applicable criminal law, etc. The Defendants prepared the criminal tools in advance, return the place where the crime was committed in advance, and planned by committing the instant crime. Defendant A was sentenced to imprisonment on June 25, 2010 (hereinafter “special larceny”) with prison labor of eight years and six months for the same criminal records (seven times, seven times, one time of suspension of execution), and Defendant B was sentenced to imprisonment with prison labor for a special larceny on August 27, 2009, six times all the same criminal records.

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