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(영문) 창원지방법원 2015.03.19 2015노13
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that there was a disease such as mental disorder caused by alcohol use, and that there was a mental disorder or mental disorder under the influence of alcohol at the time of each of the instant crimes.

B. The Defendant asserts that the lower court’s imprisonment (one year and six months of imprisonment, 40 hours of attendance required for the prevention of recidivism of sexual crimes, and confiscation) is too unreasonable.

2. Determination

A. The lower court determined ex officio and found the Defendant guilty of each of the facts charged in the case at Changwon District Court Nos. 2014Kadan1148 and 2014 Godan1358, by deeming that all of the facts charged were led to confession, and determined and notified that the Defendant should be tried through a simple trial procedure. After examining the evidence in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act, the evidence presented pursuant to Article 318-3 of the same Act is all admissible, and the evidence was all admissible and found guilty

However, according to the records, although the defendant stated on the second trial date of the court below that all the facts charged of each of the above cases were recognized, he stated on the reflective statement submitted prior thereto that "I have committed wrong behavior" (the 53th page of the court records). The summary of the oral argument by the defense counsel of the court below (the second page) also states that "the defendant has mental disorder caused by alcohol use and has prevented the mistake of this case in the state of mental disorder or mental disorder under the state of mental disorder or mental disorder under the influence of alcohol" (the 70 to 72 pages of the court records). Such assertion by the defendant and the defense counsel constitutes a statement of fact that constitutes a legal establishment of a crime under Article 323 (2) of the Criminal Procedure Act or a statement of fact that constitutes grounds for reduction or exemption of punishment, and thus, it cannot be deemed that the defendant led to confession

Therefore, each of the above facts charged cannot be deemed to constitute a case where a trial can be conducted in accordance with a summary trial procedure, and on this ground.

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