logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.05.18 2017노464
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (the mental and physical weak and unfair sentencing);

A. The Defendant had a record of having received treatment with mental illness, and had weak ability to discern things or make decisions due to mental illness even at the time of committing the crime.

B. The sentencing of the lower court’s unfair sentencing (one year and six months of imprisonment) is excessively unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court, although the Defendant was aware of the fact that he/she received treatment due to a physical or mental disorder, behavior, emotional disorder, or other combination disorder between around 2004 and around 2005, namely, ① the Defendant’s mental disorder, which was diagnosed by the Defendant, led to a situation in which it is impossible to suppress the impulse of the larceny, or that there was a habitive wall of the larceny.

There is no ground to see that the Defendant committed an act by cutting away goods within the convenience store operated by the victims, and charging transportation cards or printing online cultural gift certificates by linking the convenience store calculation program with the victim. Considering the method of crime, the Defendant committed an act of thief by failing to transfer thief.

In light of the fact that it is difficult to see that the Defendant had been punished several times for the same kind of crime under similar veterinary laws even before the instant case, and it appears that the investigative agency specifically stated the details of the instant crime and the situation at the time of the instant crime, etc., and it appears that the Defendant was aware of what he/she was committing at the time of the instant crime, etc., the Defendant had weak ability to discern things or make decisions due to mental illness.

shall not be deemed to exist.

Therefore, this part of the defendant's assertion is rejected.

B. The sentencing of a judgment on an unfair assertion of sentencing is based on the statutory penalty.

arrow