(영문) 청주지방법원 2015.09.24 2015노810 | 리걸엔진

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(영문) 청주지방법원 2015.09.24 2015노810

공문서위조등

Text

The judgment below

The defendant's appeal concerning the part of the defendant's case is dismissed.

The judgment below

Part of the compensation order.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant suffered from her face-to-face illness in peace, thereby reaching the crime of this case under the state that the Defendant lacks the ability to discern things or make decisions at the time of committing the crime.

B. The lower court’s sentence of unreasonable sentencing (one year and three months) is too unreasonable.

2. We examine ex officio the defendant's grounds for appeal prior to the judgment ex officio as to the part of the compensation order.

The court below issued a compensation order for the amount of KRW 120 million to the applicant for compensation, except for the remaining amount of KRW 100,000,000, which was obtained by deception, in connection with attached Table 7, which was temporarily returned to the court below.

According to the records, as of July 7, 2015, the Defendant deposited KRW 30 million in lieu of the repayment of damage to the applicant for compensation who was the victim at the lower court as of July 7, 2015. Since the applicant for compensation at the lower court reserved the objection on the 13th day of the same month, which is after the lower judgment, and received the said deposit, it is reasonable to issue an order for compensation only for the remainder of KRW 90 million after deducting the said amount from the said amount.

In this respect, the court below's compensation order cannot be maintained as it is.

3. Judgment on the grounds for appeal by the defendant

A. The court below also has the same assertion, and the court below found that the defendant suffered from a sternal disease, but rejected the defendant's assertion on the ground that the defendant cannot be viewed as having reached the state of mental or physical disorder in light of various circumstances such as the background, means, and the defendant's act before and after the crime in this case.

According to the evidence duly adopted and examined by the court below, the above judgment of the court below is acceptable.

This part of the defendant's assertion is without merit.

B. Circumstances favorable to the defendant are as follows.

The 1,000 gamblings, which was acquired by the accused in relation to the attached list 7 of the crime log that the accused acquired, were temporarily returned to the victim.

The injured party shall use unlawful means by the accused.

유사 판례

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