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(영문) 창원지방법원 2014.12.04 2014노2311
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disability.

B. In light of the following: (a) the Defendant led to the confession of unreasonable sentencing and against the Defendant; (b) the degree of damage caused by the instant crime is relatively minor; (c) the Defendant does not impose the Defendant’s punishment under an agreement with the victim F (hereinafter “victim”); and (d) the Defendant suffers from mental disorders; and (c) the economic conditions are not good as a recipient of basic living security, the sentence imposed by the lower court (one year and six months) is too unreasonable.

2. Determination

A. According to the records of the judgment on the assertion of mental disorder, it is recognized that the defendant was a mentally disabled person with mental disorder 2 in February 2003 and was diagnosed with mental disorder due to mental division and mental retardation at around February 2003, but in light of the circumstance leading to the crime in this case, the method and method of the crime, and the defendant's behavior before and after the crime in this case, it cannot be deemed that the defendant was in mental disorder or mental disorder at the time of the crime in this case, and therefore,

B. Even when considering the circumstances alleged by the Defendant on the assertion of unfair sentencing, the instant crime was committed by: (a) the Defendant, entering the construction site of the victim’s operation along with C and D, and carrying steel plates, which are parts manufactured by sn beam beaming, loaded at the construction site of the victim’s operation; and (b) the Defendant’s possession of the instant crime; (c) the Defendant led the instant crime; (d) there was a history of having been punished several times by special larceny, larceny, night-time building intrusion; and (e) the Defendant, in particular, one year and six months after having been sentenced by the Changwon District Court on July 13, 201 to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the said punishment on January 18, 2013.

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