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(영문) 의정부지방법원 2018.11.19 2018노1640
절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had mental and physical weakness caused the symptoms of mental illness, such as damage, coercion disorder, etc., and shock disorder, etc.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was sentenced to punishment on the following grounds: the defendant was sentenced to punishment on the following grounds: the Seoul Central District Court 2009 High Court 2009 High Court 174 High Court 2009 High Court 2009 High Court 33 High Court 209 High Court 2009 High Court 2009 High Court 2009 High Court 33 thief case, which was sentenced on April 15, 2009: (the evidence record 4336 High Court 455,61th 2017 High Court 2017 High Court 2013 High Court 3937 High Court 2014 High 760 High 760 (Joint) and the injury case on July 3, 2014.

On September 26, 2017, the Defendant received a psychiatrist at the National Mental Health Center. A psychiatrist who provided medical treatment for the Defendant presents his/her opinion to the effect that the Defendant is doubtful of the military register wall, dynamic disorder (sive disorder, depression disorder, and shock control disorder, etc., and on December 6, 2017, the clinical psychology expert at the National Mental Health Center, who conducted the psychological evaluation of the Defendant on December 6, 2017, the Defendant began to larceny food for economic reasons from the latter half of the 20th.

In addition, from around 37 to around 37, it brought about an object without paying the cost by shocking or interesting, even though it is not at all worth.

and it has experienced that the well-being and displeasure are somewhat alleviated if he or she performs such action.

section 3.

In this regard, it can be recognized that the opinion that "it may be considered the possibility of the military register barriers" can be presented.

However, based on the above evidence.

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