2012No4075 Diabia

A

Defendant

Isopon (prosecutions) and Isopon (public trial)

Attorney at Law (Korean National Assembly)

Busan District Court Decision 2012Gohap7856 Decided December 5, 2012

May 2, 2013

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive, and the defendant shall be ordered to be put on probation for one year.

1. Summary of grounds for appeal;

The punishment of the court below (two years of imprisonment) is too unreasonable.

2. Ex officio determination

According to the evidence duly adopted and examined by the court below and the court below ex officio prior to the judgment on the grounds for appeal by the defendant, the defendant, without knowledge of pregnancy at the time of committing the crime of this case, by causing a kind of nautical miles by mental shock (1) and causing a lack of ability to discern things or make decisions.

Therefore, the judgment of the court below which neglected this point is erroneous in the misapprehension of law as to mental and physical disability and affected the conclusion of the judgment. In this regard, the judgment of the court below cannot be reversed.

3. Conclusion

Therefore, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed ex officio under Article 364 (2) and (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts and summary of evidence

The summary of the facts constituting an offense and evidence recognized by this court is as stated in each corresponding part of the judgment below, except for addition, under the state that "the person lacks the ability to discern himself or herself or make a decision on intention" between "the second and third parts of the facts constituting an offense of the judgment of the court below," and "the concealment of desire", and therefore, it is quoted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article applicable to criminal facts;

Article 251(1) of the Criminal Act

Articles 10(2) and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Code (hereinafter referred to as the "grounds for a two-dimensional sentence")

1. Probation;

Article 62-2 of the Criminal Act

The crime of this case for the reason of sentencing is a serious crime against the life of the side, and the nature of the crime is not very good. Thus, barring any special circumstance, the crime of this case shall be punished with severe punishment.

However, the Defendant, at the end of 209 and the age of 18, was diagnosed as A’s crypt cancer, and received three times from that time to that time, from that time, both surgery and radiation therapy, and drug treatment. From time to time since 2010 due to the side effects of hym cancer treatment, the Defendant explained that “A’s crym cancer patient is highly likely to be pregnant,” and that “A’s crym cancer patient is highly likely to be pregnant,” which appears to have never been aware of pregnancy until the time of the instant crime due to the fact that the instant crime was committed. As a result of the psychological analysis at the trial, the Defendant was unable to know at all, of the fact that he was pregnant until the time of the instant crime, including the fact that there was no other severe mental shock and anxiety in the crymosis immediately after being sypted, and how the Defendant was able to observe the previous crym therapy by taking into account the following circumstances: the Defendant’s crymosis and crym therapy.

The judges of the presiding judge;

Judges Hong-seok

Judges Dok-hee

1) The nautical miles “Dissoci” in a mental medicine is generally integrated, the food, the subject, and the conduct of which are either satisfy or more temporarily.

As part of its function has been lost or changed, there is a trouble in the integrated function of nature at the time of uncertainty.

It is a defensive device to escape from a crisis or risk due to a deliberate defect.