logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.31 2018노3250
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal - Error of mistake of facts, and unreasonable sentencing

A. misunderstanding of facts and misunderstanding of legal principles - At the time of each of the crimes in this case, the defendant suffered from the mental illness called Maternosis, and thus, the defendant was in weak state with the ability to discern things or make decisions. 2) Nevertheless, the court below's decision that did not reduce mental illness is erroneous in finding the facts erroneous, and in misunderstanding of legal principles on mental and physical

B. Even if the court below's punishment against the defendant is not recognized as unreasonable, in light of the fact that the defendant suffered from the above mental illness, and other circumstances favorable to the defendant, the court below's punishment against the defendant is excessively unreasonable.

2. Determination

A. It is true that at the time of each of the instant crimes, the Defendant was suffering from “contributative disorder,” without any existing symptoms of mental disorder,” as to the misconception of facts and misapprehension of legal principles.

However, in full view of various circumstances, such as the Defendant’s act before or after the commission of each of the instant crimes, and the means and methods of each of the instant crimes, it is difficult to deem that the Defendant was in a state where the ability to discern things or make decisions was weak due to the depression of the Defendant.

1) In the case of larceny against the victim D, even in the case of larceny committed against the victim F, the defendant stolen the mobile phone device from a sobry, and suping it into a newspaper site, concealed the stolen mobile phone device under the surface of the water room, etc., and committed a larceny against the victim F, etc., the criminal defendant also has planned and sealed the theft device installed in the store while displaying a earphone and listening to singing, and suping up the theft device installed in the store while carrying a earphone, and cutting down the theft chip installed in the store, and then stolen the theft chip of the stolen mobile phone. In addition, the criminal defendant committed the larceny of the stolen mobile phone device, such as throwing away the core chip of the stolen mobile phone and initialization of the mobile phone device.

arrow