(영문) 대구지방법원 2019.05.15 2018노4760 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2019.05.15 2018노4760

상해등

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 crime, the Defendant was in a state of mental disability due to mental illness such as stimulative disorder.

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

2. Determination

A. According to the records on the determination of the claim of mental disability, the fact that the defendant suffered from both polar disorder and depression at the time of the crime of this case can be recognized. However, in light of the background leading up to the crime of this case, the means and method of the crime, the defendant's behavior before and after the crime, etc., it is not deemed that the defendant lacks the ability to discern things or make decisions due to the above mental disorder.

Therefore, mental disability claim is not accepted.

B. The crime of this case on the assertion of unfair sentencing is not likely to cause an injury to a correctional officer who conducts legitimate confinement and management duties without being aware of the fact that the defendant was under detention due to the obstruction of performance of official duties, etc. and interfere with official duties.

Considering the fact that the degree of injury suffered by the victim is not weak, that the defendant has not yet been used by the victim, and that there has been many kinds of violence or other crimes, it is necessary to punish the defendant accordingly.

However, in full view of the favorable circumstances, such as the fact that the defendant's mistake is divided, the contingent crime and the bipolar disorder suffered by the defendant seems to have an impact on the crime, and other circumstances shown in the records and arguments, such as the defendant's age, character and conduct, family relationship, environment, motive and circumstance of the crime, means and consequence, the punishment of the court below is deemed unfair.

3. As the appeal by the defendant is reasonable, it is in accordance with Article 364(6) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

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