(영문) 창원지방법원 2013.11.28 2013노1644 | 리걸엔진

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(영문) 창원지방법원 2013.11.28 2013노1644

절도등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of each of the instant crimes.

B. 1) The sentencing of the lower court (two years of imprisonment) is too unlimited and unreasonable. 2) The sentencing of the lower court by the Prosecutor is too uneasible and unreasonable.

2. Determination

A. According to the records of the judgment on the assertion of mental and physical disorder, although the defendant was deemed to have a drinking condition at the time of each of the crimes of this case, the defendant was deemed to have no ability to discern things or make decisions due to drinking at the time of each of the crimes of this case, in light of the amount of the defendant's reputation, the circumstances leading to the crime, the means and methods of the crime, and the circumstances after the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. We examine the argument of unfair sentencing, and recognize the following facts: (a) the Defendant’s acknowledgement of all the crimes of this case and reflects his mistake; and (b) the amount of damage to each of the crimes of this case is not so significant.

However, in full view of the following facts: (a) the Defendant has been punished by imprisonment, suspension of execution, and fines several times due to violent crimes; (b) the Defendant repeatedly committed each of the instant offenses during the period of repeated crimes; and (c) the Defendant repeatedly committed each of the instant offenses during the period of repeated crimes; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant offenses; and (c) the circumstances after the crime, etc., and all of the sentencing conditions specified in the instant records and arguments, the sentence imposed by the lower court is deemed reasonable; and (d) it

3. In conclusion, each of the instant appeals by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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