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(영문) 대구고등법원 2013.12.19 2013노528
형의집행및수용자의처우에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant D was in a state of having no or weak ability to discern things or make decisions due to the use of a mental medicine for treatment of mental fissiona and depression at the time of committing the instant crime, and thus, the lower court did not recognize it, which erred by misapprehending the fact about mental disorder or mental and physical disorder, thereby adversely affecting the conclusion of the judgment.

(Defendant D withdrawn the assertion of mistake of facts on the date of the first trial on December 5, 2013. (B)

An unreasonable sentencing sentence (Defendant B: imprisonment with prison labor for one year, and Defendant D: imprisonment with prison labor for six months) against the Defendants of the lower court is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the defendant D's mental disorder, it is recognized that the defendant D had taken a mental disorder, such as mental fissiona and depression. However, in full view of all the circumstances such as the circumstance leading to the above crime, the method and method of the crime, the defendant D's behavior before and after the crime, and the circumstances after the crime, it is determined that the defendant D did not have the ability to distinguish things or make decisions at the time of the above crime.

Therefore, Defendant D’s mental and physical disorder is without merit.

B. The Defendants’ determination on the assertion of unfair sentencing by the Defendants against their mistake by recognizing all of the instant crimes.

Defendant

B has been selected as an exemplary prisoner and a volunteer in around 201, which was at the time of confinement in the third prison of the North Korean Peninsula.

Defendant

B has already been punished for 30 days in prison due to the instant crime.

Defendant

A disciplinary action under the Criminal Administration Act shall be taken in a prison of a prisoner even if the execution of the disciplinary action is completed by B under the Criminal Administration Act.

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