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(영문) 창원지방법원 2016.04.07 2015노2572
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of having no or weak ability to discern things or make decisions due to mental illness.

B. The punishment of the lower judgment that was unfair in sentencing (one million won) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below, it is found that the defendant suffered from mental illness, but in light of the circumstances leading to the crime, the method and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions, and thus, the defendant's assertion is without merit.

B. We examine the unfair argument of sentencing: (a) the Defendant’s confession and confession of the offense; (b) agreed with the victim; and (c) the primary offender is a favorable reason for sentencing; and (d) the fact that the Defendant repeatedly committed the offense is an unfavorable reason for sentencing.

In full view of the above factors, as long as new sentencing data are not submitted in the trial at the above trial, it is reasonable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); Defendant’s age, family relationship, economic situation, circumstances leading to the crime and motive; and all other matters concerning the sentencing mentioned in the records and arguments in this case, the lower judgment’s punishment is deemed appropriate; thus, Defendant’s assertion is without merit.

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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