(영문) 서울고등법원 2015.07.23 2015노1600 | 리걸엔진

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(영문) 서울고등법원 2015.07.23 2015노1600

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The punishment sentenced by the first instance court of unfair sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability in this case, it is acknowledged that the defendant appealed from February 26, 2015 to May 8, 2015, when he was investigated by the investigative agency as to the crime in this case, and received treatment, it is difficult to view that the defendant had no ability to distinguish things or ability to make a decision due to depression or liverness at the DF source located in Pyeongtaek-si, even though he was aware of the fact that he was receiving treatment, such as the symptoms leading to the crime in this case, the means and method of the crime, the means and method of the crime, the behavior of the defendant before and after the crime in this case, and in particular, the defendant used mental and pharmacological drugs due to the depression of wife around February 205, but he had no ability to use the above medicine at the time of the crime in this case due to the symptoms. In light of various circumstances such as the fact that the defendant had no ability to discern things or ability to distinguish things at the time of the crime in this case.

Therefore, the defendant's argument of mental disability cannot be accepted.

B. As to the assertion on unfair sentencing, the Defendant had the record of having been sentenced to two times of the suspension of the execution of imprisonment with labor for the larceny as stated in the first head’s criminal record, and three times of the suspension of the execution of imprisonment with labor for the larceny as stated in the judgment of the lower court. The Defendant started each of the crimes of this case at the time when six months have not passed since the date of the release, and the number of the crimes of larceny and attempted larceny of this case reaches thirty-four times, and there is no recovery from damage. In light of the above, the Defendant needs to strictly punish the Defendant on the ground that its character

However, there are some crimes that the defendant confessions all of the crimes and reflects the mistake.

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