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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.01.20 2015노6334
특수절도등
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 in a state of mental and physical weakness due to mental illness such as gambling addiction.

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

2. Determination

A. According to the records of the instant case’s assertion of mental and physical weakness, the Defendant is deemed to have been given medical treatment and drugs due to symptoms, such as gambling at the military register, at Qmanology on August 26, 2015. In light of the background leading up to the instant crime, the method and method of the crime, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of the crime, etc., the Defendant cannot be deemed to have reached a state where the Defendant had the ability to discern things or make decisions due to mental illness, such as gambling addiction, etc. at the time of the instant crime.

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

B. In light of the fact that the defendant committed a crime, committed a violation of the law on the Aggravated Punishment, etc. of Specific Crimes, the crime of this case was committed in light of the following: (a) the defendant committed a crime; (b) deposited KRW 2 million for the victim H; (c) deposited for the victim F in the trial; (d) deposited for the victim D; (b) partially damaged items were returned to the victims; and (c) returned to the police after the last crime, and (d) the defendant voluntarily surrendered to the police, even though the crime of this case committed a theft of property by infringing upon another's residence at night over three times in total; and (c) committed a theft of property by destroying another's residence or destroying the crime at night; and (d) committed a theft of property by infringing upon another's residence at night; (c) the crime of this case was not suitable in light of the background, frequency, method, and content of the crime; (d) the defendant was sentenced to the suspension of the execution of imprisonment for a crime of larceny at night in 2007; (e.g.

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