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(영문) 청주지방법원 2015.05.14 2015노262

절도

Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 suffered from mental illness, such as stimulative disorder, etc., and was in the state of mental disorder or mental and physical disability. 2) The lower court’s sentence of unfair sentencing (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Before determining the Defendant’s grounds of appeal on the grounds of appeal ex officio, the lower court: (a) determined and notified that the Defendant was deemed to have led to the confession of all the facts charged in the instant case; and (b) completed the examination of evidence in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act; and (c) found that all the evidence presented pursuant to Article 318-3 of the said Act was admissible; and (d) convicted all the facts charged in the instant case based

However, according to the records, the defendant's defense counsel asserted to the effect that the defendant's defense counsel had reached each of the crimes of this case under the influence of the defendant's livement or any other medical treatment related thereto (the trial record 151-153 pages). In this regard, the defendant's opinion related to the mental illness was also presented.

If such circumstances exist, it is difficult to view that the defendant and his defense counsel have made a claim of mental and physical disability, and that all facts charged have been led to confession.

Therefore, this case cannot be tried according to the summary trial procedure, and the court below's order that decided to be tried through a summary trial procedure pursuant to Article 286-3 of the same Act was cancelled for the same reason. Thus, the court below erred by misapprehending the legal principles on the summary trial procedure or by finding guilty of facts charged on the basis of evidence not having gone through legitimate evidence examination. In this regard, the court below's judgment was no longer maintained.

B. The grounds for ex officio reversal prior to the determination of the mental or physical disability claim.