(영문) 수원지방법원 2016.01.21 2015노6121 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.01.21 2015노6121

절도

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Seized No. 4.

Reasons

1. Summary of grounds for appeal;

A. Each of the instant crimes committed by the Defendant with mental and physical disorder is committed in a state of mental and physical weakness that has no means to discern themselves from a normal sense due to depression and depression.

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

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant ex officio, Article 333(1) of the Criminal Procedure Act provides that “The reason for return to the victim as seized stolen property shall be returned to the victim by the judgment.” According to the records of this case, the evidence Nos. 3 and 9 seized by the Defendant and the co-defendant B of the court below is clear that each victim’s name is the stolen crime of this case, and thus, the court below should return it to the victim pursuant to Article 333(1) of the Criminal Procedure Act. Thus, the court below erred by misapprehending the legal principles on return of the victim, which affected the conclusion of the judgment.

B. The Defendant’s argument about the Defendant’s mental and physical disorder is still subject to the judgment of this court despite the above ex officio reversal, and according to the evidence duly adopted and examined by the court below, in light of the process, means, contents and methods of each of the instant crimes, and the circumstances before and after the instant crimes, the Defendant at the time of each of the instant crimes, was in a state of lacking ability to discern things or make decisions on the grounds of depression and depression.

Therefore, this part of the defendant's assertion is without merit.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

(b).

유사 판례

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