(영문) 인천지방법원 2018.06.15 2018노1312 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2018.06.15 2018노1312

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

B. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it can be acknowledged that the defendant had a weak ability to discern things or make decisions due to excessive drinking at the time of the crime of this case. However, Article 10(3) of the Criminal Act provides that an act of a person who predicted the occurrence of danger and caused an arbitrary mental and physical disorder shall not be applied to the act of a person who caused an intentional mental and physical disorder. This provision includes not only the free act in the cause but also the free act in the cause due to negligence, and it is also applicable to the case where the occurrence of danger may have been predicted even though it caused an arbitrary mental and physical disorder (see Supreme Court Decision 2005Do6758, Nov. 25, 2005). In light of the fact that the defendant had been punished for the same crime committed in the state of principal, the defendant could have sufficiently recognized or recognized the risk of repeating the crime of this case in the state of principal action.

In addition, since the defendant himself drinks before the crime was committed and caused the state of mental disorder, it is reasonable to reduce the defendant's ability to assume responsibility due to mental and physical weakness in accordance with Article 10 (3) of the Criminal Act.

B. The fact that the amount of damage caused by the instant crime was low is favorable to the Defendant.

However, the defendant continued to commit the same crime as the crime of this case while under the influence of alcohol and has been sentenced several times. This result, on the ground that he answer again during the period of repeated crime.

참조조문

-형법 제10조 제3항

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