(영문) 서울중앙지방법원 2014.10.10 2014노3060

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(영문) 서울중앙지방법원 2014.10.10 2014노3060

절도등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal by the defendant;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to depression, etc.

B. The sentence imposed by the lower court on the Defendant (a fine of four million won) is too unreasonable.

2. Determination

A. On July 10, 2014, the Defendant, ex officio, was sentenced to six months of imprisonment for fraud, etc. at the Seoul Eastern District Court on July 10, 2014, and the judgment became final and conclusive on September 26, 2014.

As above, since the crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the sentence should be imposed at the same time in consideration of equity in cases where judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, the judgment below

(The original court, despite the fact that the writ of summons of the court date has not been served lawfully on two occasions, shall proceed with a trial by amendment without the attendance of the defendant. In this respect, the judgment of the court below shall not be maintained as it is): Provided, That the defendant's assertion of mental disorder is still subject to a trial of this court, and it shall be

B. In full view of the circumstances acknowledged by the evidence examined by the lower court, such as the background leading up to each of the instant crimes, the means and methods of committing the instant crimes, the Defendant’s act before and after committing the instant crimes, and the circumstances after committing the instant crimes, the Defendant did not have the ability to discern things or make decisions at the time of each of the instant crimes

It does not seem that there was or was a weak state.

Therefore, the defendant's mental disorder is not accepted.

3. If so, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and following the oral argument shall be ruled again.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

참조조문

-형법 제39조 제1항

-형사소송법 제364조 제2항

유사 판례

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-광주고등법원 2013.06.27 2013노197

-서울남부지방법원 2015.11.12 2015노1164

-의정부지방법원 2014.10.10 2014노1219