(영문) 서울남부지방법원 2018.10.23 2018노994

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.10.23 2018노994

폭행등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the crimes of this case, the Defendant was in a state of mental and physical loss or mental weakness due to depression.

B. The punishment sentenced by the lower court (one year and ten months of imprisonment) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to six months of imprisonment with prison labor by larceny, etc. at the Seoul Southern District Court on August 23, 2018, and the judgment became final and conclusive on August 31, 2018. As such, each of the crimes and each of the crimes of this case, for which the judgment became final and conclusive, are concurrent crimes in the relationship of concurrent crimes after Article 37 of the Criminal Act, and are determined by the sentence after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below was no longer maintained.

However, the judgment of the court below has the above reasons for reversal.

Even if the defendant's argument about mental disorder is still subject to the judgment of this court, this paper examines it.

B. According to the records on the determination of the Defendant’s mental disorder, the fact that the Defendant was suffering from the depression at the time of each of the instant crimes is recognized.

However, in light of the motive, background, means and method of each of the instant crimes as indicated in the record, the Defendant’s act before and after the commission of each of the instant crimes cannot be deemed to have changed things or failed to make decisions due to the depression at the time of the instant crimes.

Therefore, this part of the defendant's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for another judgment】

참조조문

-형법 제39조 제1항

유사 판례

-서울동부지방법원 2017.11.23 2017노1212

-인천지방법원 2018.05.09 2017노4597

-서울북부지방법원 2016.07.21 2016노573

-인천지방법원 2017.03.10 2016노5018

-서울북부지방법원 2017.01.19 2016노2112