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(영문) 대구고등법원 2015.06.11 2015노43
특수강도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of each of the instant crimes, the Defendant was in the state of lacking the ability to discern things or make decisions due to alcohol addiction, depression, etc.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the record as to the defendant's mental suffering claim, it is recognized that the defendant received medical treatment due to symptoms, such as alcohol dependence, depression, etc. at the time of the crime of this case.

However, in full view of the developments, means and methods of each of the crimes of this case, the Defendant’s attitude before and after the commission of the crime of this case, as well as the fact that the Defendant made a statement and re-satisfying the process of the crime of this case, which are recognized by the evidence duly adopted and examined by the lower court, it is not deemed that the Defendant did not have the ability to discern things or make decisions due to the symptoms such as alcohol dependence at the

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, each of the instant crimes committed by the Defendant by intrusion on another’s residence over several occasions, and thus, the commission of the crime is very poor in light of the frequency of the crime and the method of the crime.

The Defendant did not receive a letter from the victims of each of the crimes of this case, and did not recover from the damage caused by the crime.

Meanwhile, there are extenuating circumstances, such as that the degree of damage to the victims’ property due to each of the instant crimes is not so significant, and that the Defendant appears to have an attitude against his mistake while recognizing all of the instant crimes.

The Defendant’s age, character and conduct, environment, and motive, means, and result of each of the instant crimes, including these circumstances.

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