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(영문) 대구지방법원 2015.09.25 2015노3050
야간방실침입절도등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year of imprisonment) is too unhued and unfair.

B. Defendant 1) At the time of the instant crime, the Defendant was in the state of mental illness or mental and physical disability due to drinking, depression, collision control disorder, etc.

2. Determination

A. Not only there is no evidence to prove that the defendant suffered from mental illness such as depression and collision response disorder, etc., but also there is no evidence to prove that the document delivery by the head of the women's medical center established by the Korea Medical Corporation established on June 10, 2015, in the case of the defendant's mental disorder, among the women's wards, the document delivery by the women's medical center established by the Korea Medical Corporation established on June 10, 2015 did not contain the details of the defendant's appeal

Although the Defendant’s leakage appears to have been hospitalized as a mental divided disease, there is a high probability of suffering from a mental divided disease in the event of a mental divided disease among his family members, it is difficult to deem the Defendant as having a mental illness solely on such circumstance, given that the exchange rate of the patient’s motive is known to the maximum of 10% (the trial record 60,71 pages). Even if the Defendant had such mental illness, considering the following factors: (a) the background leading up to the instant crime recognized by the evidence duly adopted and investigated by the lower court; (b) the means and method of the relevant crime; (c) the Defendant’s act before and after the instant crime; and (d) the circumstances after the instant crime were examined, the Defendant was unable to discern things or make decisions due to drinking, depression, collision-saving disorder at the time of the instant crime.

Therefore, this part of the argument is not accepted.

B. We examine the prosecutor's and the defendant's assertion of unfair sentencing and the defendant's assertion of unfair sentencing.

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