(영문) 광주고등법원 2017.08.17 2017노201 | 리걸엔진

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Reasons

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(영문) 광주고등법원 2017.08.17 2017노201

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The Defendant asserts to the effect that he was in a state of mental and physical weakness due to mental illness at the time of committing the crime.

However, in light of the content and method of the instant crime, which was found in the record, the Defendant had no or weak ability to discern things at the time of the crime.

does not appear.

Defendant

We cannot accept the assertion.

2. Where there is no change in the sentencing conditions compared to the original court’s judgment on the unfair argument of sentencing, and the sentencing of the original court does not deviate from the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, the sentencing factors asserted by the Defendant have already been deliberated in the course of pleadings in the original court, and the lower court appears to have sufficiently considered the determination of the sentence against the Defendant, and there is no particular change in the sentencing conditions compared with the original court’s lack of new sentencing materials.

In addition, considering all the circumstances that may be considered favorable to the defendant, such as the fact that the defendant committed the crime of this case again within four months after release, the defendant did not reach agreement with the victims and rather the victims demanded punishment against the defendant, etc., considering the records and arguments of this case, it cannot be deemed that the sentencing of the court below is excessively excessive and beyond the reasonable scope of discretion, even though considering all the circumstances that can be considered favorable to the defendant, such as the fact that the defendant led to the crime from the court below, is an old and old, visual disability above the right side of the court below, part of the damaged goods was returned, the amount of damage was relatively minor and the defendant was likely to have caused shock.

Defendant’s assertion that the sentencing of the lower court is unreasonable.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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