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(영문) 광주지방법원 2018.09.19 2018노1218
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant is deemed to have a Grade III intellectual disability, in light of all the circumstances revealed in the argument of this case, such as the background of each crime of this case, the defendant's behavior before and after the crime of this case, and the result of the mental appraisal of the custody center for treatment of the public prosecutor of this court, the defendant had no or weak ability to discern things.

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

B. It is recognized that the defendant's wrong judgment on the unfair argument of sentencing is divided into his mistake, certain victims do not want the punishment of the defendant, and the defendant is the disabled of class 3 of intellectual disability.

However, considering the fact that the nature of the crime of this case is not good, that the defendant committed the crime of this case again even though he had the same criminal record, the frequency of the crime reaches several times, that most victims did not have any damage recovery or agreement, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. in the arguments of this case, the court below's punishment is too unreasonable because it is not recognized that the defendant's above assertion is not reasonable.

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

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