(영문) 창원지방법원 2014.10.29 2014노1323 | 리걸엔진

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줄 간격

자간(%)

(영문) 창원지방법원 2014.10.29 2014노1323

상해등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disorder at the time of committing the instant crime because of a cerebral surgery and a testamentary gift.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental or physical disorder, the Defendant is recognized to have undergone brain surgery on June 2001, by means of external surgery surgery from the N Hospital Maternal surgery around Na Hospital on the part of the Defendant.

However, in light of the circumstances leading to the instant crime, the means and methods of the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to the mental fission at the time of each crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. As to the assertion on unfair sentencing, the Defendant has a career of having been punished several times as a single criminal act, and the Defendant repeatedly commits each of the instant crimes during the period of repeated crime due to the same criminal act, etc., which is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant reflects the mistake and wrong; (c) the health of the Defendant is not good due to cerebral surgery; (d) the amount of damage in the case of fraud is relatively minor; and (e) the amount of damage was agreed with the victim H in the case of fraud; and (e) the Defendant’s age, character and behavior, environment, background, means and consequence of the crime; and (e) other circumstances that form the conditions of sentencing specified in the instant records and pleadings, including the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

참조조문

-형사소송법 제364조 제6항

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