(영문) 서울북부지방법원 2013.07.24 2013노722

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2013.07.24 2013노722

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The gist of the grounds for appeal is that the Defendant committed the instant crime under a state of mental disability due to alcohol addiction or mental symptoms, and the punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the judgment on the claim of mental disability, although the defendant is deemed to have drank alcohol at the time of committing the crime of dancing or obstruction of business among the crimes of this case, it does not seem that the defendant lacks the ability to discern things or make decisions, and there is no evidence to deem otherwise that the defendant committed the crime of this case in a state of mental disorder. Thus, the above assertion by the defendant is without merit.

B. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, is too unreasonable, considering the following: (a) the Defendant’s confession of the crime of this case, and the Defendant appears to have committed the crime of this case under the influence of alcohol even though it did not reach the state of mental disability at the time of the partial crime of this case; (b) the damage from the crime of this case was not significant; and (c) the Defendant’s age, character and conduct, environment

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347 (1), 314 (1) and 329 of the Criminal Act applicable to the relevant criminal facts;

1. Selection of each sentence of imprisonment;

1. The Criminal Act of Aggravation for repeated crimes:

참조조문

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