(영문) 인천지방법원 2015.08.20 2015노2145 | 리걸엔진

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(영문) 인천지방법원 2015.08.20 2015노2145

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the symptoms of mental illness was in a state of mental disability.

B. The lower court’s sentence of unfair sentencing (special larceny as of December 20, 2014: imprisonment with prison labor for three months; special larceny as of January 30, 2015; imprisonment with prison labor for six months) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below as to the claim of mental disability, it is acknowledged that the defendant had symptoms such as depression at the time of each of the crimes of this case, but in light of the situation at the time of each of the crimes of this case, the means and method of the crime of this case, the circumstances before and after the crime of this case, the defendant's statement at the time of the investigation of this case, etc., the defendant did not seem to have the ability to discern things or make decisions due to depression at the time of each of the crimes of this case, and there is no other

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

B. As to the assertion of unfair sentencing, the Defendant is led to the confession of the Defendant, the favorable circumstances that some victims agreed with, or that the Defendant again committed the instant crime despite the fact that the Defendant had been punished for the same kind of crime. In particular, the special larceny and each larceny committed on January 30, 2015 of the judgment, which was held on January 30, 2015, are crimes during the period of probation, which are not yet agreed with the remaining victims, and other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the crime, are too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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