(영문) 부산지방법원 2017.06.22 2017노1258 | 리걸엔진

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(영문) 부산지방법원 2017.06.22 2017노1258

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unable to recover from the mental and physical illness due to health insurance premiums, delinquency in payment, etc. while suffering from the mental and physical illness, and resulting in the instant crime. As such, at the time of the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions.

B. The sentence sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant suffered from the mental disorder such as Cho Jong-jin from around 2009 is recognized, but the crime of larceny of this case was caused by the mental disorder as alleged by the Defendant, as alleged by the Defendant.

There is no other material to see the type and degree of mental illness, the motive and background leading to the instant crime, the means and method of the crime, and the circumstances after the crime, etc., it is not deemed that the Defendant did not have the ability to discern things or make decisions at the time of the instant crime, or that it did not have reached a weak state. Thus, the above assertion is without

B. Although the fact that the Defendant recognized and reflected the instant crime, and the amount of damage of the instant case (a total of KRW 970,000), etc. is relatively small, the Defendant is deemed to have been sentenced to imprisonment with prison labor for larceny on November 2014 and completed the execution of the instant punishment on July 22, 2015, taking into account the following: (a) the Defendant committed the instant crime; (b) the Defendant was under a repeated offense; (c) five times the same type of crime (three times the actual sentence); and (d) the Defendant has not recovered from the instant damage, it cannot be said that the lower court’s punishment, which sentenced to the maximum sentence within the scope of the applicable sentence, is unfair by reducing the amount of the instant crime by reducing the amount of concurrent crimes after the instant crime was aggravated.

3. According to the conclusion, the Defendant’s appeal is groundless, and thus, Article 364(4) of the Criminal Procedure Act is not reasonable.

유사 판례

-부산지방법원 2016.01.06 2015노388

-창원지방법원 2017.04.27 2016노2973

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-청주지방법원 2018.11.16 2018노838

-대구고등법원 2016.01.21 2015노361