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(영문) 대구고등법원 2019.01.09 2018노402
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability with excessive treatment, such as hydropathy and gal stability.

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

2. Determination

A. According to the record as to the claim of mental disability, it is recognized that the defendant has taken the drug while receiving treatment due to a maternal maternal disease, fluoral disease, fluoral disorder, etc. before the crime of this case.

However, in light of the following: (a) the process and method of the instant crime, the means and method thereof; (b) the circumstances after the instant special robbery; and (c) the Defendant prepared the tools of the instant special robbery prior to committing the instant crime; and (d) the investigative agency provided a relatively detailed memory and statement in the process of the crime, it does not seem that the Defendant had the weak ability to discern things or make decisions due to the use of drugs at the time of the instant crime.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the assertion on unfair sentencing, the Defendant’s mistake is against the Defendant, and there is no record of criminal punishment exceeding the fine, most of the goods taken by the Defendant were recovered and returned to the victims. The value of the stolen goods was relatively small, and some of the victims expressed their intention not to punish the Defendant at an investigative agency, and the fact that the health of the Defendant appears to be good is favorable to the Defendant.

However, the crime of this case was committed with the arms and knife in which the defendant puts liquid mixed with alcohol and portraits, and with knife knife knife knife knife knife knife knife knife knife knife knife knife knife

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