사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.
B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal
A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mental and physical loss or mental weakness, the defendant was found to have been in the state of being in the state of being committed at the time of each crime, but the defendant was found to have had no or weak ability to discern things or make decisions, in view of the circumstances leading up to each crime of this case, the means and methods of each crime, and the circumstances after each crime.
It does not seem that it does not appear.
Even if the Defendant had the weak ability to discern things or make decisions due to excessive drinking at the time of each of the instant crimes, the Defendant committed the instant crime.
Even if Article 10(3) of the Criminal Act provides that an act of a person who predicted the occurrence of danger and caused a person's mental disorder, shall not be subject to the preceding two paragraphs. This provision includes not only an intentional act but also a free act in the cause due to negligence, and it can be predicted that the occurrence of danger was caused by a person's mental disorder (see Supreme Court Decision 2005Do6758, Nov. 25, 2005). In light of the fact that there was a history of punishment several times for the same crime committed by the defendant while the defendant was committed in the state, the defendant has been fully aware or could have been aware that the risk of repeating the same crime as the crime of this case was sufficiently aware.
The defendant shows his own drinking immediately before committing each crime and caused the state of mental disorder. Thus, the defendant is unable to be physically and mentally or physically in accordance with Article 10(3) of the Criminal Act.