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(영문) 수원지방법원 2014.06.05 2014노1735
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Summary of Grounds for Appeal

At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disorder due to a polar disorder, such as over-the-counter disorder, etc.

The sentence of unfair sentencing (one year of imprisonment) by the lower court is unreasonable.

In full view of the motive, process, means and method of each of the instant crimes, the Defendant’s speech and behavior before and after the commission of the crime, the circumstances after the commission of the crime, and the record of the Defendant’s duty to record as to the Defendant’s assertion of mental disorder, the Defendant was missing from the network due to polar disorder at the time of the instant crime, and thus did not reach the degree of ability to discern things or make decisions, but it is recognized that each of the instant crimes was committed under the lack of such ability.

Therefore, the judgment of the court below which rejected the defendant's claim of mental disability is erroneous by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment, and the defendant's ground of appeal

As the defendant's appeal is well-grounded, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the decision is again rendered as follows.

[C] The summary of the criminal facts and evidence admitted by this court as the criminal history of the crime is as stated in the corresponding column of each judgment of the court below, except for adding "the defendant is under the state that the defendant has the ability to discern things or make decisions due to stimulic disorder" to the first head of the crime, and "1. Medical opinion and investigation report (as to the treatment of a suspect hospital)" to the summary of the evidence, it is identical to the corresponding column of each judgment of the court. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Each of Articles 314(1), 329, and 319(1) of the Criminal Act concerning criminal facts;

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