(영문) 서울동부지방법원 2015.02.05 2014노1812

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(영문) 서울동부지방법원 2015.02.05 2014노1812

야간주거침입절도등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that the Defendant was in a state of mental disorder resulting from the clothes of the ethyl terrans, which was exempted at the time of committing the instant crime, the judgment of the court below is erroneous in the misapprehension of this legal principle.

B. The sentence imposed by the lower court on the Defendant (eight months of imprisonment, 80 hours of order for education) is too unreasonable.

2. Determination

A. In light of the means and methods of the instant crime and the Defendant’s behavior from the time of the instant crime to the time of arrest, etc., the Defendant did not have the ability to discern or make a decision on the outcome of the instant crime due to the use of alcohol and water exempted, as well as the use of ethyls.

It seems that the Defendant did not seem to have reached a weak or weak state, even if the Defendant had the ability to discern things or make decisions due to alcohol and ethyls which are exempted from water at the time of committing the instant crime.

In light of the fact that the defendant had been well aware of the side effects caused by the clothes of ethyl terrys prior to the instant case, the defendant's assertion about mental disorder is not accepted in accordance with Article 10 (3) of the Criminal Act, since the defendant predicted the occurrence of danger and caused the occurrence of danger to himself/herself and caused the mental disorder.

B. In full view of the following circumstances, the lower court’s punishment is too excessive, comprehensively taking into account the following circumstances: (a) the Defendant’s confession of the instant crime and the Defendant’s confession of the instant crime; (b) the degree of damage revealed in the instant crime is relatively minor; and (c) the victim of the larceny case does not want the Defendant’s punishment; (d) the Defendant has the penal power (including three times of actual punishment and two times of suspended execution) due to the larceny crime; and (e) there is a concern that the Defendant might repeat the crime of larceny; and (e) there is a concern that the Defendant might have committed the crime of larceny; and (e) other circumstances indicated in the instant argument, such as

참조조문

-형법 제10조 제3항

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