(영문) 서울남부지방법원 2020.09.22 2020노158

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(영문) 서울남부지방법원 2020.09.22 2020노158

절도

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All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. On the first instance court’s judgment, the Defendant was at risk of committing the instant crime under the condition that he was in a two-month of drugs. However, due to mental and physical disorder, such as failure to completely memory the instant crime, etc., the instant crime resulted in the instant crime under the condition that he was unable to discern things or make decisions. 2) The sentence of the lower court on unreasonable sentencing (fine 300,000,000) is too unreasonable.

B. 1) On August 30, 2019, the Defendant voluntarily surrenders himself to the police station as of August 30, 2019, due to the mental illness of a mental fission, coercion, and collision adjustment disorder at the time of the instant crime.

3) The judgment of the court below on February 2, 2000 won of an unreasonable sentencing (the fine of 300,000 won) is too unreasonable, and each of the above judgments was rendered after a separate hearing was completed with respect to the defendant. The defendant appealed against each of the judgment below, and this court decided to concurrently deliberate on the case appealed. However, each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence is to be rendered pursuant to Article 38(1) of the Criminal Act. Since each of the offenses in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained as it is. Nevertheless, the defendant's mental and physical allegation is still subject to the judgment of the court of this case. In light of the circumstance and result of the crime in this case, the defendant's behavior before and after the crime in this case, and the circumstances after the crime in this case, etc.

The defendant's defectiveness argument is without merit.

4. The assertion of mitigation of self-denunciation.

참조조문

-형법 제38조 제1항

유사 판례

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