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(영문) 광주지방법원 2014.05.29 2014노810
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Some of the crimes of this case have been thieved and thieved with weak mind and body.

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

2. Determination

A. According to the records of the judgment on the claim of mental retardation, it is recognized that the Defendant, at around 22:00 on January 7, 2014, drinked KRW 40,000,00, in the third floor AA Party of the Zagu in Nam-gu in Gwangju Metropolitan City at the time of larceny, but in light of various circumstances, such as the course and process of the above crime, means and method, the Defendant’s attitude before and after the crime, and speech, etc., it does not seem that the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the above crime, and it does not appear that the Defendant did not have the ability to recognize that the Defendant had drinking alcohol at the time of committing other crimes in this case, so this part of the Defendant’s assertion is without merit.

B. In full view of the circumstances, such as the fact that the Defendant appears to have recognized the instant crime and against it, the Defendant appears to have committed the instant crime to raise living expenses as he did not adapt to society after release, and that the victims’ total amount of damage was merely KRW 190,00,00,000, etc., which are favorable circumstances, or the fact that there exist many criminal records of the Defendant; the Defendant committed the instant crime on August 15, 2013, in the case where he was sentenced to six months in imprisonment with prison labor for fraud in the Gwangju District Court, and was released on August 15, 2013, and approximately four months, including the fact that the number of the instant crimes was multiple and the victims were not recovered from damage, and other unfavorable circumstances such as the Defendant’s occupation and environment, the Defendant’s motive and background leading to the instant crime, the method and consequence of the instant crime, and the situation before and after the crime.

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