(영문) 서울고등법원 2018.05.31 2018노145 | 리걸엔진

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(영문) 서울고등법원 2018.05.31 2018노145

장애인복지법위반등

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.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, who has not physically and mentally weak, committed each of the crimes in this case under the lack of the ability to discern things or make decisions due to mental problems, such as intellectual disability and shock disorder, the lower court did not reduce the physical and mental weakness.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The ex officio judgment prosecutor applied for changes in the indictment with the content that "victim F" was changed to "victim Seoul Metropolitan City Urban Development Corporation" from among the facts charged of the defendant's property damage against the defendant in the trial court, and since this court permitted the change, the judgment of the court below as to this part of the facts charged cannot be maintained any more.

Therefore, the judgment of the court below should be reversed in its entirety, since the court below dealt with this part of the facts charged and each of the remaining facts stated in the judgment of the court below as concurrent crimes under the former part of Article 37 of the Criminal Act, and sentenced to

However, the judgment of the court below, despite the above reasons for reversal of authority, is still subject to the judgment of this court, and the defendant's mental and physical weakness is examined below.

B. The Defendant had already asserted the same purport as the above argument in the lower court’s judgment, and the lower court rejected the Defendant’s above argument on the grounds indicated in its reasoning. Examining the evidence duly admitted and investigated by the lower court in light of the evidence, the lower court’s determination is justifiable.

The above assertion by the defendant is without merit.

3. As seen earlier, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s unfair argument of sentencing, and the following is again decided after pleading.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, as well as relevant facts.

유사 판례

-수원지방법원 2017.01.20 2016노5688

-부산지방법원 2017.11.23 2017노3837

-서울동부지방법원 2017.04.28 2016노2032

-춘천지방법원 2016.02.03 2015노1093

-서울고등법원 2017.07.06 2017노1053