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(영문) 서울북부지방법원 2015.09.23 2015노1024
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of mental disorder or mental disability.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the records on the determination of the mental or physical disability or the determination of mental or physical disability, it is recognized that the defendant was in a state of drinking at the time, but the defendant did not have the ability to discern things or make decisions due to drinking, in light of the circumstances of the crime in this case, the specific method and mode of the crime, and the circumstances before and after the crime.

not seem to have existed in or weak condition.

Therefore, this part of the defendant's argument is without merit.

B. Although there are no circumstances to consider the Defendant’s assertion of unfair sentencing, such as the confession of and against the instant crime, the fact that some of the stolen money and valuables were seized and returned provisionally to the victim, and the fact that it is difficult to seek work due to the lack of economic circumstances. Meanwhile, the instant crime was committed by the Defendant at night by opening a store where surveillance was neglected and entering the room where the Defendant was at night to commit the instant crime, and then, was committed a theft of cash kept in custody in the money receipt and disbursements, and the nature of the relevant crime is serious, and the method of the crime and the attitude of the crime was bad, the agreement with the victim or the damage recovery was not properly made up of the past theft, etc., and it is recognized that the Defendant committed the instant crime of the same kind of crime of this case even if there was a history of criminal punishment twice due to the previous theft, etc., and that the Defendant’s age, character and conduct, health conditions, family relationship, the circumstances and consequence of the instant crime, etc. after considering the following circumstances, it cannot be deemed unfair.

Therefore, this part of the defendant.

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