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(영문) 춘천지방법원 2011.10.05 2011노417
특정범죄가중처벌등에관한법률위반(절도) 등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, even though the defendant had some emotional problems before and after the crime of this case, it seems that the defendant had weak ability to discern things or make decisions due to depression at the time of the crime of this case. Thus, the above assertion by the defendant is without merit.

B. We examine the argument of unfair sentencing, and examine the defendant's mistake, and find that the defendant is not subject to the punishment of the defendant, but the defendant has the ability to be punished for the same kind of crime, and the defendant again commits the crime in this case during the repeated crime period, considering the circumstances that the defendant is faced with, etc., and considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various conditions of sentencing as shown in the arguments, such as the circumstances after the crime, etc., the sentence of the court below is recognized as appropriate, and therefore there is no reason for the defendant's above assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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