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(영문) 부산지방법원 2012.12.06 2012노3110

절도

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant committed each of the larcenys in this case by the Kanman in the condition of mental disorder caused by Teinson’s disease.

Nevertheless, the judgment of the court below which convicted each of the facts charged of this case is erroneous in misconception of facts or misapprehension of legal principles.

B. The judgment of the court below on unreasonable sentencing (200,000 won) is too unreasonable.

2. Determination

A. Facts charged

1. On December 6, 2011, around 16:17, the Defendant: (a) took off five clothes in total, including a laundry, a laund, a laund, a laund, and a laund, laund, etc., of which the market price cannot be known, in front of the Dlaundry shop located in the Nam-gu Busan Metropolitan City C apartment commercial building; (b) the Defendant temporarily launded and stolen the laundry in front of the Dlaundry shop.

2. On February 10, 2012, around 16:59, at the above place, the victim took a white flapsye in an amount equivalent to KRW 200,000,00 in the market value of the laundry temporarily placed by the victim for delivery.

B. The lower court found the Defendant guilty of all the facts charged on the ground that: (a) the Defendant appears to have committed each of the instant crimes under the lack of the ability to discern things or make decisions due to his own illness; (b) but (c) the Defendant did not seem to have had the ability to discern things or make decisions.

C. According to the evidence duly adopted and examined by the court below and the court below, and the records, the defendant suffered about 20 years prior to the occurrence of a pinson's disease, thereby undermining memory and getting far away from recognition ability. The defendant had already been registered as a person with a disability of class 3 in accordance with the Welfare of Disabled Persons Act on June 18, 2004, and the defendant was hospitalized in emergency on September 7, 2009 due to extremely serious injury such as demotion, unstable attitude, and walking disability, and was replaced by electric power generation on September 8, 2009. After the enforcement of the surgery, the defendant was treated with symptoms of cinson's pathy, spathy, and spathy during the surface of the water, and the G Hospital treated the defendant.

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