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(영문) 서울중앙지방법원 2015.10.30 2015노3061
모욕
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant suffered from mental illness, such as stimulative disorder and depression, and was in a state of mental disorder at the time of the instant crime.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. According to the record of the determination on the claim of mental disability, the defendant is found to have been continuously treated at the hospital since 1999 because there was symptoms of stimulative disorder, and the fact that he was diagnosed to have been diagnosed to have been infected with the symptoms of stimulation (i.e., g., g., g., stimulation), from around December 2014. In light of various circumstances such as the background leading to the instant crime, method of the crime, and the defendant's act committed before and after the instant crime, it cannot be deemed that the defendant lacks the ability to distinguish things or make decisions due to the above symptoms at the time of the instant crime, and the above argument by the defendant is without merit

B. The instant crime on the assertion of unfair sentencing is acknowledged as the case where the Defendant publicly insultingd the victim by taking the victim’s desire within the subway, and the Defendant did not submit particular data on the recovery of the victim’s damage until the trial of the case.

However, in light of the fact that the defendant has been living in a workplace for a long time without any criminal history, the defendant has been living in a workplace for a long time without any criminal history, the defendant's mistake is recognized as all and against the defendant, and the defendant has been treated as a result of the recent acute evidence of mental disorder although it is not limited to the degree of it, it seems that such disease had an impact on a certain degree on the crime of this case, and other circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime of this case, and circumstances after the crime, etc., it is deemed that the punishment imposed by the court below is unreasonable.

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