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(영문) 대전지방법원 2014.08.12 2014노1222
특수절도등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

, however, the defendant.

Reasons

Summary of Grounds for Appeal

The Defendants of mental disorder was under the influence of alcohol at the time of committing the instant crime and was in a state of mental disability.

The sentence of unfair sentencing (six months of imprisonment) by the court below is too unreasonable.

Judgment

According to the records on the Defendants’ assertion of mental disability, even though the Defendants were in a state of drinking alcohol to a certain extent at the time of the instant crime, in light of the background leading up to the instant crime, details of the crime, the Defendants’ attitude, and the circumstances before and after the instant crime, it is not recognized that the Defendants were in a state of weak ability to discern things or make decisions under the influence of alcohol.

The Defendants’ assertion on this part is without merit.

As to Defendant A’s judgment on the assertion of unfair sentencing, the following should be taken into account: (a) Defendant A led to the instant crime; (b) made a confession of the instant crime; (c) made his mistake against his depth; and (d) appears to have committed the instant crime under the influence of drinking; (c) the amount of damage in this case was not significant; (d) the victim was not punished by the Defendants by mutual consent with the victim F; and (e) there was no record of having been

However, the crime of this case was committed at the time when the defendant's age, character and behavior, environment, circumstances before and after the crime was committed, and all other sentencing conditions, including the defendant's age, character and behavior, the crime of this case, the circumstances before and after the crime of this case, are considered to be too unreasonable since the sentence of the court below which sentenced the minimum statutory sentence is too unreasonable, in full view of the following factors: the defendant's age, character and behavior, and environment, the crime of this case, the circumstances before and after the crime of this case, etc., was committed, and the defendant's crime of this case was committed.

Defendant

This part of the A's argument is also asserted.

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