(영문) 수원지방법원 2014.09.15 2014노3266 | 리걸엔진

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(영문) 수원지방법원 2014.09.15 2014노3266

도주미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime in a state that he/she has no or weak ability to discern things due to a shock disorder, etc.

B. The lower court’s sentence of unreasonable sentencing (three months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, the defendant was judged as Grade 7 on May 27, 2004 on the ground of lack of expression at the end in physical examinations for military admission. On August 2, 2004, the Intelligent Index of the Examination Evaluation at Mangsan Hospital at Mangsan University was assessed as 75 (in accordance with the attached Table 1 of Article 2(1) of the Enforcement Rule of the Welfare of Disabled Persons Act, persons with intelligence index below 70 are categorized as intellectual disabled). On September 30, 2013, the Ingnan prison records of the defendant against the defendant contain the following facts: "I wish to believe that I wish to die, and there is any such symptoms at an enclosed place." However, considering such circumstances, considering the background and method of the crime in this case, the method and method of the crime, the defendant's attitude before and after the crime, the defendant's intention to act after the crime in question, the defendant's ability to act after the crime in question is lost or weak at the time of the crime.

Therefore, this part of the defendant's assertion cannot be accepted.

B. On November 6, 2013, the Defendant: (a) was sentenced to imprisonment with prison labor and six months by the Seoul Western District Court for rape, etc. on the part of November 6, 2013; and (b) went beyond the fence of the Prosecutor’s Office while traveling to board the escort bus; (c) the nature of the instant crime was defective; (d) the instant crime was committed against the attempted crime; and (e) the equity between the case and the case to be tried together with the rape on which the judgment became final and conclusive is deemed to have already been considered in the lower court; and (e)

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-장애인복지법 시행규칙 제2조 제1항

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