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(영문) 창원지방법원 2018.11.15 2018노2054
절도
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, where impulses are not adjusted due to mental illness such as polar disorder.

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

2. Determination

A. According to the record of the determination on the assertion of mental disorder, although the defendant suffered from mental illness, such as stimulative disorder, and received hospitalized treatment, it does not seem that such mental illness at the time of the crime in this case, the defendant did not have reached the state where the defendant did not have the ability to discern things or make decisions, or did not have the ability to change things or make decisions, due to such mental disorder.

Therefore, the defendant's mental disorder is without merit.

B. In full view of the following: (a) examining the determination of the unfair argument of sentencing; and (b) comprehensively taking account of the reasons for sentencing as shown in the records and arguments of this case, the sentence pronounced by the lower court appears to have been appropriately determined by fully taking into account all the circumstances, including various reasons for sentencing asserted by the Defendant; and (c) there is no special circumstance to change

There is no reason to believe that the sentencing of the defendant is unfair.

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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