(영문) 대전지방법원 2015.04.16 2015노492 | 리걸엔진

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(영문) 대전지방법원 2015.04.16 2015노492

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental disorder, the mental disorder and behavioral disorder caused by alcohol alcohol was in a state of mental disorder or mental disorder.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. As to the claim of mental disability, the following circumstances revealed by the evidence duly adopted and investigated by the lower court, namely, (i) the Defendant was hospitalized during two years from May 12, 2014 to June 27, 2014; and (ii) was hospitalized during two years from July 31, 2014 to August 1, 2014; (iii) the name of Byung was an respect for alcohol and alcohol alcohol; and (ii) according to the mental appraisal report issued by the Medical Treatment and Custody Director on January 29, 2015, appraisal shows the symptoms of alcohol habit (al abuse and alcohol abuse). The lower court determined that the Defendant committed a crime under a state of mental disorder caused by harmful use of alcohol and behavioral disorder at the time of the instant crime; and (iii) the Defendant’s mental disorder and behavior before and after the instant crime was found to have weak influence at the time of the instant crime in light of his mental disorder and ability to make decision on the method of the crime in this case; and (iv) the Defendant’s behavior and alcohol influence at the time of the instant crime.

Therefore, the court below should reduce the punishment of the defendant under Article 10 (2) of the Criminal Act, but did not take such measures. The court below erred by misapprehending the facts related to the defendant's mental and physical disability or by misapprehending the legal principles, which affected the conclusion of the judgment.

In the end, the defendant's argument of mental disability is justified.

On the other hand, the defendant makes a statement by relatively detailed memory of the situation before and after the crime of this case.

참조조문

-형법 제10조 제2항

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