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(영문) 전주지방법원 2013.09.06 2013노716
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability at the time of committing the instant crime.

B. The sentence imposed by the lower court on the grounds that the amount of imprisonment (six months of imprisonment, a fine of 150,000 won) is too unreasonable.

2. Determination

A. The Defendant asserts to the effect that at the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to mental illness caused by school violence.

According to the records of this case, it is difficult to view that the defendant was in a weak state of ability or decision-making ability to discern things due to mental illness caused by school violence in this case at the time of the crime of this case, and there is no other evidence to acknowledge otherwise.

Rather, according to the records of this case, the Defendant made a statement by specifically memorying the background leading up to the crime of this case from the investigative agency to the court of the trial at the court of the trial, and in particular, F, an accomplice, only she was aware at the first investigative agency, and reduced her degree of participation in the crime, and made a statement on the situation at the time of the crime committed with himself/herself at the investigative agency, and it can be known that he/she only led to the confession of his/her criminal facts. Thus, the Defendant did not have the ability to discern things at the time of the crime of this case and make a decision on his/her will.

Therefore, the defendant's assertion of legal principles is without merit.

B. It is reasonable that the Defendant deposits the amount of damage on behalf of the victims and recognizes the instant crime, thereby seriously opposing his mistake.

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