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(영문) 수원지방법원 2015.06.19 2014노178
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (as to the judgment of the court of first instance), the sentence (as to a fine of three million won) imposed by the court below on the defendant, is too unhued and unfair.

B. Defendant (1) was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disability under the influence of alcohol. (2) The Defendant was under the influence of alcohol.

2. Before examining ex officio judgment prosecutor and the defendant's reasons for appeal, this court decided to consolidate each appeal case against the judgment of the court below. Since the first and second judgments of the court below found the defendant guilty in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, the separate punishment like the first and second judgments of the court below cannot be punished, and the punishment should be imposed pursuant to Article 38 (1) of the Criminal Act concerning the punishment of concurrent crimes, so the judgment of the court below cannot be maintained any more in this respect.

3. Determination as to the claim of mental retardation, however, the defendant's assertion of mental retardation is still subject to the judgment of this court, despite the reason of ex officio reversal as above.

According to the records, although the defendant is deemed to have a drunken state at the time of each of the crimes in this case, in light of the facts leading up to each of the crimes in this case, the circumstances leading up to each of the crimes in this case, the method and method of the crime, and the circumstances after the crime, etc., it does not seem that the defendant had a weak ability to distinguish things or make decisions due to drinking at the time of each of the crimes in this case, and therefore, the above assertion by the defendant is without merit.

4. Accordingly, the judgment of the court below in this case contains grounds for ex officio reversal as seen earlier, and thus, Article 364(2) of the Criminal Procedure Act without examining the prosecutor and the defendant's assertion of unfair sentencing.

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