(영문) 대구지방법원 2020.05.06 2020노469 | 리걸엔진

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) 대구지방법원 2020.05.06 2020노469

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant is deemed to have received treatment due to mental illness such as sustainable disorder, alcohol-related symptoms, etc., but in full view of the circumstances of each of the crimes of this case, the method and method of the crime, the defendant's behavior before and after the crime, etc., the defendant did not have the ability to discern things or make decisions at the time of each of the crimes of this case

not seem to have existed in or weak condition.

Therefore, the defendant's mental disorder is without merit.

B. The Defendant had a record of criminal punishment several times due to the same kind of crime, etc., and in particular, the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of the fact that he/she was during the period of repeated crime due to the same crime.

However, considering the favorable circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant led to the confession of all of the crimes of this case, the amount of damage caused by each crime of this case is not high, the amount of damage caused by each crime of this case is not much severe, and the victim of the crime of this case was agreed with four of the victims of the crime of the crime of this case, and the victim of the crime of this case has made efforts to recover from damage by agreement with the victim of the crime of this case.

3. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is remanded after pleading.

참조조문

-형사소송법 제364조 제6항

유사 판례

-대구지방법원 2020.01.17 2019노4360

-서울남부지방법원 2019.12.12 2018노2066

-서울남부지방법원 2019.09.19 2019노1043

-창원지방법원 2013.09.27 2013노1100

-서울남부지방법원 2015.12.17 2015노905