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(영문) 서울중앙지방법원 2015.11.05 2015노3210
정보통신망이용촉진및정보보호등에관한법률위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of each of the instant crimes, was in the state of mental disorder or mental disability as the Defendant’s mental and physical disorder and the judgment of the lower court, and even though the lower court asserted as above, the lower court did not err in its judgment.

B. First of the judgment of the court below on the grounds of unfair sentencing by the defendant and prosecutor

(a) and 2-a.

§ 2 million for each of the crimes under subsection (1) of this section,

(b) and paragraphs 2-b;

The fine of 5 million won for each of the crimes is too heavy or unhued (the defendant).

2. Determination on the grounds for appeal

A. As to the Defendant’s claim of mental illness and omission of judgment, the Defendant’s defense counsel asserted in the lower court that “the Defendant committed each of the instant crimes in a state with weak mental and physical disorder, such as a man-made illness.”

(30 pages of the public trial records) This constitutes a statement of fact that constitutes a legal ground for reduction of or exemption from punishment under Article 323(2) of the Criminal Procedure Act, and the lower court should have stated its judgment thereon.

However, according to evidence, if it is obvious that a person has not been in a state of mental disorder at the time of crime, it cannot be viewed as an illegal act that affected the conclusion of the judgment.

(1) In light of the evidence duly adopted and examined by the court below and the evidence submitted by the defendant and his defense counsel, the circumstances leading to the crime, the means and method of the crime, the circumstances after the crime, and the symptoms of the defendant at the time of each of the crimes in this case, etc., it is not deemed that the defendant had the ability to discern things or make decisions due to mental illness, such as the tide and injury, etc. at the time of each of the crimes in this case. Thus, even if the court below did not make a judgment on the claim for mental and physical disability, it is affected by the conclusion of the judgment.

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