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(영문) 대전지방법원 2014.03.13 2013노3235
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was under the influence of alcohol at the time of committing the instant crime, and the Defendant did not have or lacks the ability to discern things or make decisions.

2. According to the evidence duly adopted and examined at the court below's decision, the defendant was found to have had a little drinking at the time of committing the crime of this case, but the defendant was found to have a lack of living expenses, resulting in the crime of this case. The crime of this case is planned in terms of the method of crime, as it intrudes upon the shop that ends at night with water and has a brick glass, and is planned in terms of the method of crime, the defendant's attitude to tearing the certificate of release upon arrival of the police vehicle, and the defendant has made a statement to some extent that he had a sufficient memory in the process of committing the crime. In light of the above, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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