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(영문) 대구지방법원 2013.08.13 2013노1491
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to mental and physical disorder and thereby adversely affecting the conclusion of the judgment, although the defendant was in a state of mental disability or mental and physical disorder at the time of committing each of the crimes in this case.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental and physical disorder, it is recognized that the defendant committed the crime of theft or theft of property by the method of using cash or imprisonment without prison labor, etc. by intrusioning through the window or destroying or impairing the glass, which was not corrected at the new wall time during about 20 days, while the defendant had prepared and went along the criminal tools, such as fingers, drums, and nitrouss, and by committing the crime.

In light of the above method, period, frequency, etc. of crime, each of the crimes of this case appears to have been committed repeatedly by the defendant demonstrating considerable attention and aestheticity. Considering the contents of the defendant's statement from the investigative agency to the court, the form and attitude of the defendant in this court, etc., the defendant did not have the ability to discern things or make decisions due to intellectual disorder at the time of crime.

in such a manner as to be deemed to have been or weak.

The defendant's mental disorder is without merit.

B. As to the assertion on unfair sentencing, the Defendant recognized the crime and is in depth divided, and is a class 2 disabled person with intellectual disability.

The defendant sent his father's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's Professor,

However, the defendant is subject to criminal punishment several times for the same crime.

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