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(영문) 광주고등법원 (전주) 2019.09.10 2019노57
주거침입등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder committed each of the instant crimes in the state of mental disorder due to an decentralization disorder, assistance, etc. (2) The sentence of the first sentence of unfair sentencing (one year and six months of imprisonment) and the second sentence of the lower court (four months of imprisonment) are too unreasonable.

B. The sentence of the first instance court on the inspection is too uneasible and unreasonable.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

On the first instance judgment against the defendant, the defendant and the prosecutor filed an appeal against the second instance judgment, respectively, and the court decided to jointly examine the above appeal cases.

All of the crimes of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained as it

However, the defendant's argument about mental disorder is still subject to the judgment of this court, despite the reason for the ex officio reversal.

3. In full view of the circumstances leading up to each of the crimes of this case, the police of the defendant and the prosecutor’s office acknowledged by the first instance court and the second instance court’s duly adopted and examined the defendant’s mental disorder, the defendant did not have the ability to discern things or make decisions at the time of each of the crimes of this case.

It does not seem that it was either or weak.

Therefore, the defendant's above assertion is without merit.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

[Discied Reasons for the Judgment] Summary of facts constituting a crime and evidence recognized by the court is a summary of facts constituting a crime and evidence.

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