(영문) 서울동부지방법원 2019.11.22 2019노1311

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(영문) 서울동부지방법원 2019.11.22 2019노1311

재물손괴등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to misunderstanding of facts and misunderstanding of legal principles (i.e., night structure intrusion larceny) in relation to night structure (2019No. 828), the Defendant, at the time, went to the church in which he gets a new wall and entered the AC pastor and attempted church, was only larceny.

Therefore, it is not a night building intrusion theft but a theft.

Dodice Defendant was in a state of mental disability due to the depression at the time of the instant crime.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of the legal principles, the health unit first of all, and the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, i.e., the missionary fact of a church is open to the teachers, not widely open to the general public, and the defendant cannot enter the above missionary fact without prior permission, because he is not a teacher belonging to the above church, not a teacher belonging to the above church, ii if the defendant has a new wall, there is no reason to enter the missionary fact of the above church, iii) the defendant was attached to the head of the above church, i.e., the fact of the missionary fact of the above church, i., the fact of the missionary fact of the church.

In full view of the fact that there is no circumstance to see that the defendant has obtained consent to the removal of goods, the fact that the defendant intrudes into the fact of the missionary work of the above church can be recognized.

Therefore, the defendant's assertion of mistake is rejected.

SheB Next, we examine the argument that the defendant was in a state of mental disorder, and find the fact that the defendant was suffering from her early depression. However, considering the criminal facts, the defendant cannot be said to have committed the crime of this case in a state of mental disorder due to her depression.

Therefore, the defendant's assertion on this is also important.

유사 판례

-부산지방법원 2014.12.11 2014노2877

-대전지방법원 2016.12.08 2016고정1303

-서울북부지방법원 2020.01.10 2019노1415

-제주지방법원 2020.06.11 2019노644

-창원지방법원 2020.04.23 2020노198