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(영문) 서울서부지방법원 2019.06.20 2019노363
방실침입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime in an insane or with mental and physical disability (Article 2018 high-class 1743 of the Act).

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. According to the records duly adopted and examined by the court below regarding the allegation of mental disorder or mental disability, it is recognized that the defendant had drinking alcohol at the time of committing the crime.

However, in light of the motive, background, means and method of each of the instant crimes indicated in the record, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol.

It does not seem that the state has reached a weak or weak state.

Therefore, the defendant's defectiveness or mental disability argument is without merit.

3. The Defendant repeated a number of crimes in a short period, and committed a crime even after a criminal trial against the Defendant, and the Defendant’s business damage to AC is a considerable disadvantage to the Defendant.

However, in full view of various circumstances, including the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment against the Defendant seems to be somewhat unreasonable, when comprehensively taking account of the following: (a) the Defendant did not have any history of criminal punishment, and the Defendant’s profits from the thief crime against the Victim AC; and (b) the Defendant’s age, occupation, character, environment, motive and consequence of the crime.

Therefore, the defendant's assertion of unfair sentencing is justified.

4. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence constitute the column of the judgment below.

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