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(영문) 제주지방법원 2017.02.02 2016노593
야간건조물침입절도등
Text

We reverse the judgment of the court below.

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

excessive one percent (No. 1) that has been seized.

Reasons

1. Summary of grounds for appeal;

A. At the time of each crime of the 2nd judgment resolution, the Defendant was in a mental and physical weak state due to alcohol or mental illness, etc.

B. The punishment of the lower court (the first instance judgment: imprisonment with prison labor for 2 years and 6 months, confiscation, and imprisonment with prison labor for 6 months) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first and second judgments of the court below against the defendant were pronounced, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases. The first and second judgments against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the first and second judgments of the court below cannot be maintained.

However, despite such reasons for ex officio reversal, the defendant's second instance judgment's second instance judgment's mental and physical weakness is still subject to the judgment of this court, and this is examined in this regard.

B. As to the assertion of mental and physical weakness, 1) The crime of the second trial resolution

1.(b), c.

(d)

The following circumstances acknowledged by each evidence duly adopted and examined by the lower court in the part of paragraphs 1 and 2, i.e., the judgment

1.(b), c.

(d)

The crimes described in paragraphs (1) and (2) were committed on April 16, 2016 to the 19th day of the same month. The Defendant was unable to memory the situation at the time of committing the crime even after being under the influence of alcohol at the time of each of the above crimes (in the investigation record, 18, 26, 27, 72, 73 pages, 25, 25, 49 through 53, 84 through 87, etc.) and (2) the judgment

1.2.2

(c)The methods of each offence under paragraphs (d) and (d) are very similar to the circumstances and methods of the offence, as they are committed under the influence of alcohol as if they would normally pay the price, and are provided with taxi or food;

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