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(영문) 서울고등법원 2018.07.06 2018노1165
특정범죄가중처벌등에관한법률위반(절도)
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 Defendant had no or weak ability to discern things at the time of each of the instant crimes.

B. The sentence of the lower court’s unfair sentencing (three years of imprisonment) is excessively unreasonable.

2. Determination

A. According to the record of the instant case’s determination as to the assertion of mental and physical disorder, the Defendant was found to have been diagnosed as early January 18, 201 on the ground that he/she had a prompt diagnosis due to the geographical and accident disorder around January 18, 201, and was sentenced to the judgment that applied the multiple reduction of mental and physical weakness on the ground of the injury on the ground that he/she violated the aggravated Act

In addition, on December 11, 2017, which was around three months prior to each of the instant crimes, the Defendant was diagnosed as “the identification function of dementia symptoms in Albibimer Disease and other symptoms and signs related to the identification and self-identification of dementia symptoms in Albibimer Disease,” and was administered for one month after dementia inspection.

However, in full view of the following circumstances acknowledged by the record, the Defendant had no or weak ability to discern things or make decisions at the time of committing each of the instant crimes.

It does not seem that it does not appear.

This part of the defendant's assertion is without merit.

① The Defendant, who was diagnosed as early as early as the time of each of the instant crimes, was about six years ago (Evidence No. 1) and was found to have mental and physical weakness on the ground of her early death, committed the last larceny crime in 2013 among the criminal records of the Defendant.

In this regard, according to the diagnosis at the time of each of the crimes in this case where about four years have passed since then, the defendant did not seem to have continued the symptoms of the codining that caused a mixed-form form, exchange rate, etc. as otherwise alleged by the defendant (Evidence No. 2). ② While denying the facts of each of the crimes in this case at the time of the initial police investigation, the defendant shall be deducted in cash.

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