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(영문) 부산고등법원 2015.02.10 2014노701
특수강도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of each of the instant crimes, was in a state of lacking the ability to discern things or make decisions, since he dices even in the state of drinking alcohol under the influence of a mental and physical therapy at the time of the instant crimes. 2) The sentence against the Defendant by the lower court of unfair sentencing (six years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence against the Defendant is too unfortunate and unreasonable.

2. Although the Defendant’s judgment on the Defendant’s claim of mental disability is deemed to have been on the commencement of a mental and medical treatment in U Hospital located in Busan East-gu from November 1, 2012 due to symptoms, such as damp drinking, uneasiness, and depression, the following circumstances, i.e., the evidence duly adopted and examined by the lower court, which are acknowledged as follows:

Each crime described in paragraph 3-B is a crime committed by the defendant in 2009, prior to receiving mental treatment as above, and the third-B of the judgment committed in October 27, 2013.

In the case of each of the crimes set forth in paragraphs and 4 of the judgment, considering the circumstances leading up to each of the crimes of this case, the method and method of the crime, the defendant's behavior before and after the crime, including the fact that the defendant is memoryed to some extent of the circumstances, process, etc. of the crime, and the CCTV screen taken at the time of the crime cannot be seen as being under the influence of alcohol, etc., it does not seem that the defendant was in the state of lacking the ability to discern things or make decisions due to drinking, etc., so this part

3. Each of the crimes of this case regarding the assertion of unfair sentencing between the two parties is classified into two types of crimes: (a) the Defendant intrudes the victim at the night into the public bath room, and takes a deadly weapon against the victim by threatening him/her; (b) suppressing the victim’s hand and his/her appearance by suppressing him/her; and (c) forcibly takes money and other valuables; and (d) intrudes into the apartment guard room at night.

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