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(영문) 서울서부지방법원 2015.11.27 2015노1367
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized golf products;

Reasons

1. The summary of the Defendant’s grounds for appeal was in a state of mental disorder and depression at the time of committing the instant crime.

(A) The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

(F) 2. Ex officio determination.

With regard to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc.), with regard to each of the facts charged, the prosecutor requested to change the name of the crime to "special property damage", each of the "violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.)", and each of the applicable provisions of Article 3 (1), Article 2 (1) 1, and Article 366 of the Punishment of Violences, etc. Act "Article 369 (1) of the Criminal Act" as "Article 369 (1) of the Criminal Act", and each of the facts charged "violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc. to a deadly weapon,

As seen above, the lower court rendered a single sentence by treating each of the crimes on which the name of the crime, applicable provisions, and facts charged are modified as concurrent crimes under the former part of Article 37 of the Criminal Act and one of the crimes, the lower judgment may no longer be maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mental disability is still subject to the judgment of this court, and this is examined below.

3. In full view of the Defendant’s medical certificate, prisoner’s medical record, other records, the background, means and attitudes of the instant crime, the Defendant’s behavior before and after the instant crime, etc., it is recognized that at the time of the instant crime, at the time of the instant crime, the Defendant had the weak ability to discern things or make decisions due to the symptoms, such as bipolartic disorder, dynamic behavior tendency, over-the-spot, and the decline in real verification capacity, etc.

The defendant's above assertion is with merit.

4. Conclusion, the defendant's status.

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