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(영문) 수원지방법원 2017.12.13 2017노7619
특수절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the Defendant was aware that he had drinking alcohol at the time of the crime of attempted special larceny of this case, considering the circumstances leading up to the crime of this case, the method of the crime, the time of the crime, and the subsequent circumstances, etc., it is not deemed that the Defendant did not have the ability to discern things or make decisions by drinking alcohol at the time of the crime of this case.

Therefore, the defendant's mental and physical loss or mental weakness is without merit.

B. It is recognized that the Defendant’s judgment on the wrongful argument of sentencing is against the Defendant’s depth of the instant crime, and that he/she should support his/her father who is not healthy.

However, even though the defendant had been sentenced several times of punishment for the same crime, he/she had committed the crime of this case again under the conditions that he/she had been released from prison by committing the same crime.

In addition, it was not agreed with or received from the victims.

In addition, considering all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unlimited and it is deemed unfair. Thus, the 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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