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(영문) 창원지방법원 2016.11.10 2016노2154
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There was no amount of KRW 100,000 in cash on the hand that the Defendant stolen.

B. Each of the crimes of this case with mental disorder is committed in a state of mental disorder caused by mental illness.

C. The sentence of the lower judgment on unreasonable sentencing (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the reasoning of the judgment on the assertion of mistake of facts, the damage statement, and the written statement by the police of the victim F, each entry of the victim F made a consistent statement that the above victim had a 100,000 won in cash in the stolen hand room, and there is no special motive to make a false statement of the damaged goods. The statement of the investigation report (a photograph of the victim's vehicle) that "the head of a place where "the victim would remove cash after subtracting cash" in the photograph of the victim's vehicle can be presumed to be premised on the existence of a face where the defendant deducted the cash from the entire video, and that it conforms to the common sense to what extent the victim's hand room of the victim who carried out the alternative hand delivery service is contained in cash. Therefore, the defendant's assertion is without merit.

B. We examine the argument about mental disorder. In light of the content of each of the instant crimes, the background leading to the commission of the crime, the means and method of the crime, and the circumstances after the crime, etc., it is not deemed that the Defendant had the ability to discern things or make decisions at the time of the crime. Thus, the Defendant’s assertion is without merit.

C. We examine the argument of unfair sentencing, whether the defendant is against the defendant, whether the victim D does not want the punishment of the defendant, whether the mental illness does not reach a mental state, is an advantageous reason for sentencing, and the defendant has a large number of larcenys and violent crimes, and the repeated crime period due to the larceny crimes is during the period of repeated crimes.

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