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(영문) 서울중앙지방법원 2016.09.23 2016노2245
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. (1) At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to the polar disorder, etc.

Shebd Sentencing 1 Deliberation Punishment ( Imprisonment with prison labor and six months) is too unreasonable.

(b) the first deliberation sentence of the Prosecutor is too uneasible and unreasonable;

2. Determination:

A. Article 157 and Article 153 of the Criminal Act provide that the punishment shall be mitigated or exempted in cases where a person who committed an offense without a complaint makes a confession or accepts a victim of a crime before the judgment or disciplinary action on the reported case becomes final and conclusive, prior to the judgment on the grounds of each appeal by the defendant and the prosecutor.

According to the records, on August 19, 2016, the Defendant led to the confession of the instant accusation on the first trial date of the appellate court on August 19, 2016, and the judgment, etc. became final and conclusive against the J, which was theless accusation on the records.

There is no evidence to see that this constitutes a confession before the judgment of the reported case becomes final and conclusive, and thus, the punishment should be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act. Therefore, the judgment of the first instance court is no longer maintained in this respect.

However, notwithstanding the above reasons for reversal of authority, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, so it should be seen as related thereto.

B. According to the record on the Defendant’s assertion of mental and physical weakness, the record of this case reveals that the Defendant received respectively hospitalized treatment at the Gancheon University’s University from December 31, 2008 to January 5, 2009, from February 9, 2009 to March 12, 2009; from March 9, 2009 to March 27, 2009; from the Symna’s University’s University’s University’s University’s University’s Domestic Health Hospital; from October 29, 2009 to November 12, 200 of the same year; and from the university’s and Symna’s University’s University’s University’s Symna Hospital, the Defendant was unidentified at each of the Symna Hospital.

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