logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.01.07 2014노888
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had weak ability to discern things or make decisions at the time of each of the instant crimes due to intellectual disorder.

B. The sentence imposed by the lower court on the Defendant (two months of imprisonment, confiscation, and return of the victim) is too unreasonable.

2. Determination

A. In light of the following: (a) determination as to the claim of mental disability, the background leading up to each of the instant crimes; (b) the means and methods of committing the crime; and (c) the circumstances after committing the crime, etc., it is not deemed that the Defendant did not have the ability to discern things or make decisions due to intellectual disability at the time of each of the instant crimes; and (d) therefore,

B. Although there are favorable circumstances, such as the fact that the defendant recognized each of the crimes of this case as well as that of this case, the degree of damage caused by each of the crimes of this case is relatively minor and certain victims expressed their intention not to have the defendant want to punish, these circumstances are considered in all at the court below and there is no change of circumstances otherwise in the court below. Meanwhile, each of the crimes of this case is not less vulnerable to the nature of the crime in light of the type of the crime and the gravity of the crimes. There are several instances where the defendant was punished for the same crime of this case, and in particular, on February 15, 2012, the court committed each of the crimes of this case in this case on several occasions, even though the defendant had been sentenced to a suspended sentence of two years for punishment for larceny, even though he had been sentenced to a suspended sentence of one year for larceny, and there is no attendance prior to the date of the court below's trial, and there is no sufficient circumstance after the execution of detention warrant issued by the court below.

arrow