(영문) 수원지방법원 2014.10.16 2014노2443 | 리걸엔진

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(영문) 수원지방법원 2014.10.16 2014노2443

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant committed the instant crime under the influence of having the ability to discern things or make decisions due to the “sexual competence”.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means, and method of the instant crime as indicated in the evidence duly adopted and investigated by the lower court and the trial court, and the Defendant’s conduct before and after the crime, etc., it appears that the Defendant had sexual preference disorder in collecting women’s clothes, tea, etc., but it is not determined that the Defendant committed the instant crime under the lack of capacity to discern things or make decisions. Accordingly, this part of the Defendant’s assertion is rejected.

B. As to the assertion on unfair sentencing, even though the defendant had been already sentenced to a suspended sentence of imprisonment due to the crime of forcibly taking the clothes of women, the crime of this case (No. 2 of the crime committed in the judgment of the court of original instance) began again during the suspended sentence for a period of four months or more, and the defendant committed the crime of this case (No. 2 of the crime table in the judgment of the court of original instance). The defendant is extremely dangerous in the process of committing the crime, such as intrusion upon the victim's residence in the process of the crime, and the defendant did not agree with the victims and did not take any specific measures for recovery from damage. The crime of this case is committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (ththie) in which the statutory punishment is imprisonment for life or for three years or more, and the court below has already sentenced the maximum sentence of imprisonment with prison labor by taking full account of various records and arguments such as the defendant's age, family environment, the situation before and after the crime, etc., it cannot be said that the defendant's punishment is too unfair.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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