(영문) 서울고등법원 2014.11.20 2014노2504 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.11.20 2014노2504

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime under the lack of ability to discern things or make decisions due to the fact that he or she has been seriously engaged in drinking too much at the time of the instant crime.

Nevertheless, the lower court did not consider this, and thus, did not err by misapprehending the legal principles as to this point, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, the defendant seems to have drinking alcohol to a certain extent on the day of the instant case as a person who has symptoms of alcohol addiction.

However, considering the following circumstances acknowledged by the court below and the evidence duly adopted and examined by the court below, it is difficult to view that the defendant was under the influence of alcohol at the time of committing the crime and thus, the defendant lacks the ability to discern things or make decisions, and thus, the defendant's claim of mental or physical disability shall

1) The instant crime was committed by the Defendant, once dividing the first class, or searching for whether the victims were out of the military, by viewing the front door door door, and, if it is confirmed as an abandoned house, by intrusion on the residence by getting out of the gas pipeline or passing through the window. Such crime was committed with very food and clothing, and thus, cannot be deemed to be avoided by a person under the influence of alcohol to the extent that it lacks the ability to discern things or make decisions. 2) The Defendant was able to prepare for the commission of the instant crime, such as purchasing the lock in advance, etc. in order to get out the gas pipeline, and disposed of money and valuables that were stolen after the commission of the crime, by deceiving women’s friendship.

3. The defendant is under the influence of alcohol at an investigative agency for each of the crimes of this case.

유사 판례

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