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(영문) 대구지방법원 2015.02.12 2014노4307
장물취득등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disorder (as to the crime of the judgment of the court of first instance), the Defendant was in the state of mental disorder or mental and physical disability with the intent to commit suicide by violence of his father at the time of committing the crime, and drinking.

B. Each sentence sentenced by the lower court (the first instance judgment: imprisonment with prison labor for one year and six months) is too unreasonable.

2. Determination

A. This court conducted a consolidated hearing of each appeal against the judgment of the court below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

However, despite the above reasons for reversal ex officio, the defendant's assertion of mental disorder is still subject to a trial by this court, and this is examined below.

B. According to the evidence duly adopted and examined by the court below on the assertion of mental disorder, the defendant is deemed to have provided drinking to a certain extent at the time of the remaining crime except for the crime of acquiring stolen property, but in light of the circumstances of each crime, contents, means, methods, and circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of each crime.

It is not recognized that there was or was a weak state.

The defendant's mental disorder is without merit.

3. Thus, the defendant's mental and physical disability argument is without merit, but the judgment of the court below does not proceed to the judgment on the defendant's argument of unfair sentencing because there is a ground for ex officio reversal, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below. Therefore, it is all true in accordance with Article 369 of the Criminal Procedure Act.

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