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(영문) 대전고등법원 (청주) 2015.10.15 2015노95
준강도등
Text

The judgment of the court below is reversed.

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

One injection (Evidence No. 5), stonn.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the quasi-Robbery of this case, the Defendant was in a state of mental suffering from the use of drugs, such as philophones.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. In light of the following: (a) the Defendant, who can be found by the record, was hospitalized or treated at a hospital several times from March 2013 to May 201 of the same year with a certificate of alcohol respect; (b) the Defendant administered phiphones from around 2007; and (c) the Defendant was administered phiphones even at the time of committing the quasi-Robbery; (d) the place where the instant quasi-Robbery was committed, the subject of the relevant crime; and the Defendant’s speech and behavior at the time of the instant crime; (b) there is a little little influence in viewing that the Defendant was a normal person’s behavior; (c) the written mental appraisal by the Medical Treatment and Custody Director prepared by the commission of the court of the lower judgment; and (d) at the time of appraisal, the Defendant appeared to have shown drugs (al and phiphonephones); and (d) presented opinions that he was presumed to have been in a serious mental state than at the time of the instant crime; and (d) the Defendant was deemed to have lacking ability at the time of administering the instant product.

This part of the grounds for appeal is justified.

3. Accordingly, the lower court cannot maintain the point of quasi-Robbery among the lower judgment. Since the lower court rendered a single sentence on the charges of violating the Act on the Control of Narcotics, Etc. and each of the charges of violating the Act on the Control of Narcotics, etc., the lower judgment eventually became unable to maintain its entirety.

Therefore, without examining the Defendant’s assertion of unfair sentencing, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again as follows.

Criminal facts

(b).

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