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(영문) 전주지방법원 2017.05.12 2017노55
절도등
Text

The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant is suspected of mental disorder with a mental disorder of grade III without delay. Thus, this case constitutes a case requiring counsel pursuant to Articles 282 and 33(1)5 of the Criminal Procedure Act, and therefore, even though the case was not revised or deliberated without a defense counsel, the court below's judgment is obvious in the record that the case was tried by amendment without a defense counsel ex officio in this case without appointing a defense counsel, and all procedural acts conducted in illegal trial proceedings are null and void.

As such, the judgment of the court below is ultimately deemed to have committed an unlawful act that affected the judgment in violation of the law.

Therefore, the judgment of the court below can no longer be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The defendant, as a person with a disability of the third degree in mental delay, was in a state that the defendant lacks the ability to discern things or make decisions.

1. On August 3, 2016, the Defendant intruded upon a house of the victim C (Woo, 47 years of age) located in Dong-Eup, Dong-dong, Dong-si, Dong-dong on August 3, 2016, the Defendant entered the said house in excess of a fence to cut off the clothes of the victim under construction in the dried Do-dong, and intruded the victim’s residence.

2. The Defendant, as described in paragraph 1 at the date, time, place, as described in paragraph 1, entered the said victim C’s house mast, and cut off with five panty lines and one panty line, wherein the market price on the said victim’s house is unknown at the dried stand.

(i) the evidence;

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