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(영문) 울산지방법원 2020.05.21 2019노1332

존속상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime of injury resulting from the existence of the instant case, the Defendant was in a mental and physical state.

B. The lower court’s sentence is too unreasonable and unreasonable.

2. According to the evidence duly adopted and examined by the court below and the evidence duly adopted and examined by the court below as to the assertion of mental and physical disorder, the defendant at the time of stopping the crime of injury resulting from the continuation of the existence of the case stated in the investigative agency that the defendant cannot memory the crime of injury resulting from the continued existence of the case. However, the circumstances after the victim's report sent to the police (including the crime of obstruction of the performance of official duties of this case) are relatively clearly memory and make a statement. As such,

The defendant seems to have weak ability to discern things or make decisions due to mental illness.

The defendant's assertion of mental disorder is justified to the extent of recognition.

3. The defendant's argument about the mental and physical disability is with merit, and the judgment of the court below is reversed without examining the defendant's argument on the unfair sentencing.

[C] The first head of Paragraph (1) of the facts constituting a crime and the summary of evidence stated in the judgment of the court below is as follows. The defendant added "in a state where the defendant lacks the ability to discern things or make decisions due to mental illness, etc." and '1. Each fact inquiry report and opinion of the professional examiner's office of the court below are as stated in each corresponding column of the judgment of the court below, except for addition of "each fact inquiry report and opinion of the professional examiner's office of the court below"

Application of Statutes

1. Relevant Article 257(2) and (1) of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury to a lineal ascendant and the choice of imprisonment), and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties and the

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act for the mitigation of mental illness.