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(영문) 대구지방법원 2014.08.29 2014노2137
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in the absence or lack of the ability to discern things or make decisions.

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

2. Determination

A. In light of the background, process, means and method of each of the crimes in this case, the Defendant’s act before and after the crime was committed, etc., as seen in the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant, under the influence of alcohol at the time of the crime in this case, did not have reached a state where the right to discern the object or decision was lost or weak.

B. Although there are favorable circumstances, such as the fact that the defendant acknowledges his own crime, the amount of damage is small and the amount of damage has been returned, the defendant again commits the crime of this case despite the fact that he had been punished three times by a fine for the same kind of crime within the last one year, and other circumstances leading to the defendant's age, character and conduct, environment, and crime are not deemed to be too unreasonable in light of comprehensive consideration of the defendant's age, character and behavior, circumstances leading to the crime, etc.

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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