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(영문) 인천지방법원 2016.01.28 2015노4416
절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant alleged mental and physical weakness committed the instant crime due to alcohol proof and depression, he/she was physically and mentally weak at the time of the instant crime.

B. The sentence that the court below sentenced to the defendant (five months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mental and physical weakness, there may be room to view that the Defendant had proved and proved alcohol content at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the method and method of committing the crime, the circumstances before and after the instant crime, etc., the Defendant had the ability to discern things or make decisions.

The Defendant did not appear to have been in a state of mental and physical weakness.

There is no evidence to see.

Therefore, the defendant's above assertion is rejected.

B. As to the wrongful assertion of sentencing, the punishment by the court below is too unreasonable in light of the following: (a) the defendant committed each of the crimes of this case without being aware of the same kind of criminal records but during the period of probation; (b) the confession was made; (c) the defendant agreed with three of the four victims at the time of the trial; (d) the defendant's age, sexual conduct; (e) the motive, means and method of the crime of this case; and (e) other circumstances that are conditions for sentencing, such as the circumstances after the crime, etc.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and the facts charged by the court concerning the instant case and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

The application of legislation;

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