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(영문) 창원지방법원 2016.07.06 2016노180
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s crime of this case with mental or physical disorder is committed in the state of mental or physical loss or mental weakness (e.g., the state of drunk or mental disorder).

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was in a state of drinking at the time of the crime of this case, in light of the background of the crime of this case, the means and method of the crime of this case, etc., it does not appear that the defendant did not have or lacks the ability to discern things due to drinking at the time of the crime of this case.

Therefore, the above argument by the defendant is without merit.

B. In light of the aforementioned favorable circumstances, such as the fact that the Defendant led to the confession of and against the instant crime, the Defendant was sentenced to imprisonment with prison labor for larceny on January 20, 2015, and the case finalized on March 19, 2015 at the Changwon District Court, which became final and conclusive on March 19, 2015, the Defendant appears to have not made any effort to reach an agreement with the victims; the Defendant had the record of being punished as a similar several offenses; the Defendant had the record of continuing the appeal of the instant case; the Defendant had continued to be absent after filing the appeal of the instant case; and other unfavorable circumstances such as the motive for the instant crime; the Defendant’s age; the Defendant’s sexual conduct; and the circumstances after the instant crime, etc., and all the conditions of sentencing specified in the records and arguments, the sentence of the lower court is too excessive.

shall not be deemed to exist.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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