(영문) 광주고등법원 (전주) 2015.11.10 2015노165

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(영문) 광주고등법원 (전주) 2015.11.10 2015노165

강도상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

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

2. According to the records of this case as to the assertion of mental and physical disorder, the defendant was under the influence of Mauritius at the time of committing the crime of this case, and can be found that the defendant committed the crime of this case shockly in order to establish the price of a cigarette in such circumstances. Furthermore, considering the fact that the defendant seems to be unable to properly memory the situation at the time of committing the crime of this case, it seems that the defendant was under the influence of alcohol at the time of committing the crime of this case, and that the defendant lacks the ability to discern things or make decisions, the above argument of the defendant is with merit.

3. If so, the defendant's appeal is with merit, and thus, the decision of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence admitted by this court are identical to the statement in each corresponding column of the judgment below, except for the case where "the defendant" was added to "the defendant under the influence of alcohol and lacks the ability to discern things or make decisions," and thus, the summary of the facts constituting the crime and the summary of evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 337 of the Criminal Act concerning the facts constituting an offense and Article 337 of the Election of Imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and nine months to seven years; and

2. The sentencing criteria shall be based on; and

참조조문

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