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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. A. The Defendant suffered from mental illness, such as a hallue, hallue, depression, and sacrife, etc., and at the time of each of the instant crimes, the Defendant was in a state of mental disorder due to the above mental illness.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, confiscation) is too unreasonable.
2. Determination
A. The Defendant, who was arrested or detained due to the instant crime, stated the details, process, frequency, etc. of each of the instant crimes in a specific and detailed manner on the grounds that he/she was found to have committed the instant crime, and the Defendant was suffering from mental illness, such as depression, before committing the instant crime.
In full view of the fact that there is no evidence to acknowledge that the Defendant was receiving treatment at a hospital or having received treatment at the hospital, it does not seem that the Defendant had the weak ability to discern things or make decisions due to depression, etc. at the time of each of the instant crimes.
Therefore, the defendant's above assertion is without merit.
B. In a case where there is no change in the conditions of sentencing compared to the first instance court on the unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant’s mistake is recognized, and some victims do not want to punish the Defendant, and the degree of damage caused by each of the instant crimes is relatively insignificant.
However, the Defendant had been punished several times by imprisonment with prison labor for the larceny crime, and even if three months have not passed since the last execution of imprisonment with prison labor was completed, the Defendant committed the instant crime repeatedly.
In this way, despite the criminal punishment over several times, the defendant repeats crimes of similar law, so that the defendant's character and behavior are corrected.