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(영문) 청주지방법원 2016.01.22 2015노949

절도

Text

The judgment of the court of first instance and the judgment of the court of second instance are all reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was suffering from cerebral disease, and was unable to control himself/herself by taking a medicine for him/her, and committed a crime far after his/her memory, the Defendant was in a state of mental and physical loss or mental weakness, such as repeating a crime that steals another person’s goods, with forgotten.

B. The punishment sentenced by each judgment of the court below (No. 1: imprisonment with prison labor for 1 year and 2 months, and imprisonment for 1 year and 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the judgment of the court below against the defendant was rendered ex officio prior to the judgment on the above grounds for appeal by the defendant, and the defendant filed each appeal. The court decided to hold the above appeal cases together with other appeals cases.

Therefore, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38 (1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below against the defendant can not be maintained as it is.

However, notwithstanding the above reasons for reversal ex officio, the above argument by the defendant is still subject to the judgment of this court, and this is examined below.

3. According to the record of determination on the assertion of mental and physical disorder, the fact that the Defendant suffered from brain disease at the time of the instant crime is recognized as having used the medical treatment for such disease.

However, in light of various circumstances acknowledged by the evidence examined by the court below, such as the background leading up to the crime, the means and method of the crime, the behavior of the defendant before and after the crime, the circumstances after the crime, etc., the defendant was in a state that the defendant had no or weak ability to discern things or make decisions due to cerebral disease at the time of the

It does not seem that it does not appear.

Therefore, the defendant's above argument about mental disorder cannot be accepted.

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