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(영문) 서울북부지방법원 2015.05.21 2015노531
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from alcohol dependence at the time of stopping each of the instant crimes, and was in the state of mental disorder or mental disorder by drinking alcohol.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, the defendant was hospitalized for several occasions during the period from December 4, 2002 to May 12, 2014, and each crime of this case was committed under drinking. The defendant is acknowledged to have committed each crime of this case, but the defendant cannot be deemed to have lost or weak ability to discern things or make decisions due to alcohol dependence symptoms and drinking at the time of stopping each of the crimes of this case in light of the circumstances before and after the commission of each of the crimes of this case, circumstances leading to each of the crimes of this case, and the defendant's behavior at the time. Thus, the defendant cannot be deemed to have lost or weak ability to discern things due to alcohol dependence and drinking. Thus, the defendant's mental and physical disorder argument is without merit.

B. Although the decision on the assertion of unfair sentencing is made on the assertion of unfair sentencing, the defendant's mistake is divided in depth, and the defendant's family members are considered to have committed each of the crimes of this case in a drunken and contingent manner. While the defendant's family members are in the guidance of the defendant, the defendant has already been punished several times by imprisonment with prison labor, suspension of execution of imprisonment and fine for the same kind of crime, and he did not receive a letter from the victims due to agreement, and other various circumstances that form the conditions for the sentencing as shown in the records, such as motive and background leading up to each of the crimes of this case, the circumstances before and after the crime, the defendant's age, character and behavior, environment, occupation and family relationship, the sentence imposed by the court below cannot be deemed to be unfair because it is too unreasonable.

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