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(영문) 서울고등법원 2012.12.27 2012노3455
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of committing the crime on September 3, 2011.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder: ① the defendant was aware that the vehicle door was not locked at the time of committing the crime on September 3, 201, and, (i) after checking that the vehicle door was stolen, etc., and ② the defendant was stolen from the back seat by using the Kameras bank in the back seat without hand; and (ii) the defendant was found to have been aware of the progress of the incident in order to easily bring about it after checking the existence of Kameras and sirens in the back seat at the time of committing the crime; and (iii) the defendant was aware of the progress of the incident, taking full account of the following circumstances, such as: (i) the defendant was aware that the vehicle door was not locked at the time of committing the crime on September 3, 2011; and (ii) the defendant had the power to steal the goods in the same kind of vehicle at the time of committing the crime.

Even if so, there was no ability to discern things or make decisions due to that reason.

It does not seem to have reached a state of or weakness.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion on unfair sentencing, the fact that the defendant has divided his mistake in depth and again does not commit such crime, the victim C appears to have been recovered from the damage due to the return of a part of the damage, and the fact that there is a family member to support the defendant, etc. are conditions for sentencing favorable to the defendant.

On the other hand, the defendant has the same criminal records, and the execution of the final sentence has not been completed, and again commits the crime of this case.

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