(영문) 광주지방법원 2017.04.19 2016노3461 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.04.19 2016노3461

야간건조물침입절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally weak.

B. The sentencing of the lower court is too unreasonable.

2. According to the records on the assertion of mental and physical weakness, the defendant was in a state that the defendant lacks the ability to discern things or make decisions due to the current mental disorder at the time of committing the crime in this case.

Since it is recognized, the above argument of the defendant is reasonable.

3. If so, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The facts constituting the crime acknowledged by this court are as follows: (a) except that the Defendant added “in a state where he lacks the ability to discern things or make decisions due to a mental division,” following the facts constituting the crime of the lower judgment, the Defendant cited them according to Article 369 of the Criminal Procedure Act, since it is identical to the relevant column of the lower judgment.

Summary of Evidence

The summary of the evidence of the facts constituting the crime acknowledged by this court is as follows, except for the addition of “the notice of the result of the mental appraisal of 1.0”, and therefore, it is identical to the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 330 of the Criminal Act concerning the crime;

1. It is recognized that the reason for sentencing of Article 10(2) and (1) and Article 55(1)3 ( mentally and physically weak) of the Criminal Act for statutory mitigation is that the defendant separates his/her mistake, and that the defendant does not want the punishment of the defendant by agreement with the victim.

However, the crime of this case is not good, the defendant committed the crime of this case again during the suspension period of execution for the same kind of crime even though he had been convicted of the same kind of crime at several times, and the age and sex of the defendant.

참조조문

-형법 제10조 제2항

-형법 제55조 제1항 제3호

-형법 제330조

유사 판례

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