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(영문) 광주고등법원 2019.01.31 2018노362
특수강도
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to drinking.

B. The lower court’s imprisonment (three years of imprisonment) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. Determination of the claim of mental disorder shows the symptoms of normal alcohol addiction, and it is recognized that the defendant was in a state of drinking alcohol at the time of committing the instant crime.

However, in light of the circumstances such as the background of the instant crime and the Defendant’s act before and after the instant crime, it does not seem that the Defendant did not seem to have lacking the ability to discern things or make decisions at the time of the instant crime, and therefore, the Defendant’s assertion of mental

B. As to the assertion on unfair sentencing, the Defendant, by entering a convenience store and threatening the employees of the convenience store prepared in advance, took 680,000 won in cash.

The nature of crime is very bad in light of methods of crime, etc.

Until this Court, the victim was unable to receive a letter from the victim.

Such circumstances are disadvantageous to the defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant committed a crime, committed a mistake, arrested immediately after the crime, that all the damaged money and valuables were returned to the victim, that the defendant was not in a state of mental disorder at the time of the crime in this case, but did not have the ability to determine the same degree as the normal person due to alcohol addiction and mental illness, etc., that the defendant has no record of criminal punishment, that the parent of the defendant is trying to solve the alcohol problem of the defendant, and that the defendant has made efforts to correct the alcohol problem of the defendant, the court below's sentencing factors as shown in the records and arguments in this case, including the defendant's age, character and behavior, family environment, the necessity of medical treatment, and the conditions after the crime.

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