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(영문) 대구지방법원 2019.07.12 2019노1574
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder at the time of committing the instant crime.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the background and process of the instant crime, and the Defendant’s conduct before and after the instant crime acknowledged by the record as to whether it was a mental disorder, it does not seem that the Defendant had a mental disorder leading to the mental disorder or mental disorder at the time of the instant case, or the mental disorder leading to

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that the defendant's recognition of and reflects on the crime of this case, the damage amount caused by the crime of this case is relatively small to 116,00 won, the defendant deposited 216,000 won to the victim in the original judgment, and if the sentence is finalized in this case, the defendant should be sentenced to imprisonment with prison labor for up to six months under the suspended sentence, there seems to have been evidence of the wall, and it is difficult to health because he suffers from the disease of knee mae path.

However, on November 22, 2018, the Defendant had been sentenced to a suspended sentence of 11 years for punishment of larceny, including three times of punishment, and on November 22, 2018, the Defendant committed the instant crime during the suspended sentence and did not agree with the victim.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too unreasonable.

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

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