(영문) 서울북부지방법원 2015.01.22 2014노1585

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(영문) 서울북부지방법원 2015.01.22 2014노1585

마약류관리에관한법률위반(향정)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Seized evidence 3 and 4 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. At the time of the lower judgment’s refusal to commit each of the crimes of intrusion upon residence and special obstruction of performance of official duties, the Defendant was in a state of lacking the ability to discern things or make decisions due to the medication of a penphone.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined at the lower court: (a) the Defendant administered phiphones around 12:00 on September 12, 2014; (b) entered convenience stores around 05:50-06:00 on September 13, 2014; and (c) entered the convenience stores around 05:50 to 06:00 on September 13, 2014; (c) reported to the police; and (d) faced with a disturbance with a knife with a knife; and (d) continued to display a knife with a knife and with a knife for a multi-household rail; and (d) the victim G sent the knife to the police station with a knife with a knife with a mental disorder at the time when the Defendant decided to interfere with the performance of official duties; and (e) stated that the Defendant was unable to have a normal person.

B. Meanwhile, Article 10(3) of the Criminal Act provides that “The act of a person who predicted the occurrence of danger and caused a person’s mental disorder shall not be subject to the preceding two provisions (the act of a person with mental disorder shall not be mitigated or exempted from punishment).” The prediction of “the occurrence of danger” in this context does not necessarily have to anticipate specific acts of realizing specific elements at the time of the occurrence of mental disorder, even if it does not necessarily have to have to be predicted at least a certain act of realizing the elements of a crime

참조조문

-형법 제10조 제3항

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