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(영문) 서울남부지방법원 2014.11.27 2014노1292
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime under the lack of mental capacity or decision-making capacity to discern things due to class 2 of intellectual disability.

B. Unreasonable sentencing: The sentence of the lower court (six months of imprisonment, two years of suspended execution, and probation) is too unreasonable.

2. Determination

A. According to the records and arguments of this case as to the claim of mental disability, the fact that the defendant is a person with a intellectual disability second degree is recognized, but there is no evidence to prove that the defendant committed each of the crimes of this case under the lack of sufficient ability or decision-making ability at the time of each of the crimes of this case.

Therefore, the defendant's above assertion is without merit.

B. (1) According to the records and arguments of this case, the defendant's sentencing conditions are acknowledged as follows.

The court below ordered the defendant to be put on probation during the period of suspension of execution, on the following grounds: (a) the condition that the defendant was subject to juvenile protective disposition several times due to the same crime; (b) one of the victims of the larceny of this case was subject to a full agreement at the investigation stage with respect to one of the victims of the larceny of this case; and (c) a significant amount of damage was temporarily returned to the other victims; (b) the defendant's act was committed against the other victims and did not cause substantial damage to the other victims; (c) the father of the defendant made efforts to recover damage from the investigation stage to the trial court; and (d) the defendant was accompanied by the defendant to the trial court to thoroughly protect and supervise the defendant in the future.

However, in light of the defendant's intellectual ability revealed in the records and arguments of this case, it is difficult to expect the effect of recidivism through probation, and in light of the defendant's residence, it is difficult for the defendant to visit the probation office alone.

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