(영문) 서울중앙지방법원 2014.12.30 2014노4269

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자간(%)

(영문) 서울중앙지방법원 2014.12.30 2014노4269

특수절도등

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 sentencing of the lower court (eight months of imprisonment) is too large and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant, the records show that the defendant had been hospitalized on five occasions (one hundred and sixty-six pages of medical treatment and custody records, one hundred and sixty-six pages of medical treatment and custody records), and the recent period from April 21, 201 to May 28, 201 (the trial records63,64 pages). Since the defendant can be recognized that he continued to receive hospitalized treatment with a mental divided disease during the period from May 31, 2001 to October 24, 206, he/she had shown symptoms, such as overcoming, damage, and uneasiness, due to mental division, etc. (the mental disorder at the time of the crime of this case). Thus, the defendant needs to be recognized as having the ability to mitigate the mental disorder at the time of the crime of this case or to reduce the sentence of Article 20 of the Criminal Act, if he/she lacks mental capacity at the time of the crime of this case.

Nevertheless, the court below did not reduce mental illness, and thereby has committed a misunderstanding of legal principles or misunderstanding of facts that affected the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting a crime and the evidence presented by this court is inserted in the summary of the facts constituting a crime [2014 Highest 4981], and the summary of the facts constituting a crime and the evidence added "the defendant has a lack of the ability to discern things or make decisions due to mental division" to "1. Probation status notification (Seoul Probation Office) and the judgment (Seoul Central District Court 2010 Highest 402)" to the end of the summary of the evidence, except for addition of "1. Probation status notification (Seoul Probation Office) and the judgment (Seoul Central District Court 2010 Highest 402)" as stated in each corresponding column

참조조문

-형법 제10조 제2항

-형사소송법 제364조 제2항

-형사소송법 제369조

유사 판례

-광주고등법원 (제주) 2015.10.21 2015노43

-부산지방법원 2015.06.25 2015고정1132

-대구지방법원 서부지원 2014.10.30 2014고단991

-제주지방법원 2016.11.24 2016고합88

-서울중앙지방법원 2016.10.28 2016노2874