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(영문) 수원지방법원 2018.03.23 2017노7981
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically weak due to a mental disorder.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant is deemed to have a mental disability of Grade II, in light of the background leading to the crime of this case, the means and methods of the crime, the defendant's attitude and behavior after the crime, and the circumstances after the crime, etc., the defendant was in a state of having lost or weak ability to discern things or make decisions due to mental disorder at the time of the crime of this case.

It is difficult to see it.

Therefore, the defendant's above assertion is without merit.

B. The following are the circumstances favorable to the Defendant: (a) the Defendant’s erroneous determination of sentencing is against the Defendant’s perception of his mistake; (b) the degree of damage caused by the instant crime is relatively large; and (c) a part of the damaged goods has been returned.

On the other hand, the fact that the defendant had been punished several times for the same crime, that the defendant committed the crime of this case only within a week after the defendant was sentenced to punishment and released from prison, that the damage was not recovered in addition to the goods that were seized and returned, and that the defendant did not agree with the victim is disadvantageous to the defendant.

It is difficult to view that the lower court’s sentence is too unreasonable in light of the above circumstances and other conditions of sentencing indicated in the record, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime.

Therefore, the defendant's above assertion is without merit.

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

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