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(영문) 서울고등법원 (춘천) 2013.12.18 2013노200
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in the state of having no or weak ability to discern things or make decisions.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of each of the crimes of this case, but in light of the circumstances such as the background, means, and circumstances after each of the crimes of this case, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case.

It is difficult to see that it has reached a weak or weak state.

Therefore, the defendant's mental disorder is without merit.

B. Although the amount of damage to each of the crimes of this case is not so significant, and the defendant is against the defendant's wrongness as to each of the crimes of this case, and the victims are not subject to the punishment by agreement with the victims, each of the crimes of this case is poor since the defendant forcibly adopted property or property benefits by threatening victims in the face-to-face knife with the victim, and thus, the victims seems to have suffered considerable mental shock, the defendant was punished for suspension of execution of imprisonment with prison labor due to the crime of obstructing the hospital's business by taking the knife and taking the knife and taking the knife's corridor into account, and other factors indicated in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, and circumstances after the crime, etc., the court below's punishment is deemed proper and it cannot be deemed unfair. Thus, the defendant's assertion of unfair sentencing is also without merit.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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