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(영문) 대전지방법원 2012.11.08 2012노1992
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, it is found that the defendant was under alcohol at the time of the crime of this case, but the defendant was found to have lost or weak ability to discern things or make decisions. Thus, the defendant's mental and physical disability argument is without merit.

B. In light of the fact that the defendant's past and several penalties were imposed on the defendant several occasions, that the defendant continues to commit the same kind of crime even if he was punished on several occasions with the previous charges, that the defendant committed the crime of this case during the repeated crime period, that there is no change in circumstances that may be newly considered during the trial, and that there is no other various factors of sentencing, the punishment of the court below is too unreasonable, and thus, the defendant's above assertion is not acceptable.

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

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