(영문) 대구지방법원 2020.10.30 2020노2012 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2020.10.30 2020노2012

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Each of the instant crimes committed by the Defendant with mental or physical disorder is under the influence of alcohol, thereby committing the crime in a state of mental or physical disorder.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. In light of the motive and background of the instant crime, method of crime and the Defendant’s speech and behavior after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court and the trial court as to the Defendant’s mental and physical assertion, it does not appear that the Defendant was under the influence of alcohol that the Defendant lost or lacks the ability to discern things or make decisions. Therefore, the Defendant’s defect or mental and physical disability allegation is without merit.

Even if the defendant was in a state of mental disorder caused by drinking at the time of each of the crimes in this case, Article 10(3) of the Criminal Act provides that Article 10(3) does not apply to the act of a person who predicted the occurrence of danger and caused a person's mental disorder as a child. This provision includes not only an intentional act but also a free act in a cause caused by negligence, and thus, it is subject to the case where the occurrence of danger was foreseeable (see Supreme Court Decision 2005Do6758, Nov. 25, 2005). According to the records, the defendant had been punished several times by committing the crimes of the same law under the influence of drinking, and the crime like each of the crimes in this case was predicted under the influence of drinking. However, since the defendant predicted the risk of repeating the crimes in this case under the influence of drinking, the defendant cannot reduce the punishment against the defendant on the ground of mental disorder pursuant to Article 10(3) of the Criminal Act.

Therefore, the defendant's mental disorder is without merit.

3. The defendant's judgment on the defendant's assertion of unfair sentencing is a same kind and a different kind of crime.

참조조문

-형법 제10조 제3항

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