(영문) 대전지방법원 2014.07.24 2013노3129 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2014.07.24 2013노3129

공갈미수등

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. The crime of mental illness in this case is a crime committed in a state of mental disorder by hearing the statement that the defendant was dead at the time when he was suffering from a state of normal, emulative and dynamic disorder, etc., and treating the mental illness and treating it excessively with excessive exemption.

B. Although the court below did not reduce the number of self-denunciation because the Defendant voluntarily surrendersed to an investigative agency, it is necessary to reduce the number of self-denunciation under Article 52(1) of the Criminal Act.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the claim of mental disability, the defendant seems to have suffered from the unknown malute disorder, depression disorder, and stress disorder at the time of the crime of this case, and the defendant's her husband AC died on February 24, 2013, although it is recognized that the defendant died on February 24, 2013, it does not seem that the defendant had the weak ability to discern things or make decisions due to the mental disorder at the time of the crime of this case. Thus, the defendant's claim of mental disability is without merit.

B. The judgment of misunderstanding legal principles as to the assertion that the defendant voluntarily reported the criminal facts to the investigative agency and expressed his/her intent to seek prosecution. According to the records, the defendant was investigated by the investigative agency upon the victim C's report, and only the facts which the defendant led to the withdrawal of each of the crimes of this case, and there is no evidence to deem that the defendant voluntarily surrendered. Even if the defendant voluntarily surrendered, it is merely the fact that the court can reduce or exempt the punishment for the self-denunciation at its discretion (Article 52 (1) of the Criminal Act). Thus, the court below failed to reduce the number of

참조조문

-형법 제52조 제1항

유사 판례

-수원지방법원 2013.09.05 2013노3303

-대법원 1985. 9. 24. 선고 85도1489 판결

-서울중앙지방법원 2016.10.13 2016노2685

-서울고등법원 2014.12.18 2014노3008

-서울고등법원 2014.03.27 2013노3230