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(영문) 서울북부지방법원 2016.11.10 2016노1689
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant with mental disorder committed the instant crime in a state of mental disorder or mental disorder (a state of mental disorder or mental disorder).

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

2. Determination on the grounds for appeal

A. In light of the circumstances before and after the Defendant committed the instant crime, the background leading to the instant crime, and the Defendant’s behavior at the time, etc., it cannot be deemed that the Defendant did not have or lacks the ability to discern things due to drinking or mental disorder at the time of committing the instant crime, and thus, the Defendant’s mental and physical disorder assertion is without merit.

B. Although there are no circumstances to consider the circumstances, such as the Defendant’s recognition of the instant crime and the fact that the victim of the instant larceny did not want the punishment against the Defendant, the lower court already determined the punishment by taking account of the circumstances favorable to the Defendant, there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment, the Defendant again committed the instant crime even during the period of repeated offense, and other circumstances that form the conditions for the argument and the sentencing as indicated in the record, including the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the crime, and the circumstances after the crime, etc., are comprehensively taken into account, it is not recognized that the sentence imposed by the lower court is undue.

3. As such, 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.

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