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(영문) 수원지방법원 2015.10.30 2015노4603
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant committed the instant crime under the lack of judgment capacity due to intellectual disability and lacks ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the record of judgment on the claim of mental disability, the defendant can be recognized as having a disability of class 3 of the intellectual disability. However, in light of the circumstances leading to each of the crimes of this case, the means and methods thereof, and the circumstances after the crime of this case, it does not seem that the defendant had the ability to discern things or make decisions due to the above disability at the time of each of the crimes of this case, and thus, the defendant and his defense counsel's above claim of mental disability

B. The crime of this case on the assertion of unfair sentencing is deemed to have committed larceny over 12 occasions, and the crime of this case is deemed to have been habitually committed by the defendant, with heavy character of the crime, the defendant was punished for the same criminal act, and the defendant committed the crime of this case during the repeated crime period due to the same criminal act; the defendant committed the crime of this case; the defendant's failure to recover damage is disadvantageous to the defendant; the defendant is against the defendant's recognition of the crime of this case; the defendant is a person with intellectual disability 3; the name of the crime against the crime of this case has been changed from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) to habitually larceny; and other various circumstances that are conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, etc., the sentence imposed by the court below is somewhat unreasonable. Thus, the defendant'

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.

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