(영문) 의정부지방법원 2015.06.23 2014노3018

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(영문) 의정부지방법원 2015.06.23 2014노3018

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was in a state of mental disorder due to depression, etc. at the time of the instant crime. (2) The lower court’s imprisonment (two years of imprisonment) on the grounds of unfair sentencing is too unreasonable.

B. The first instance court’s sentence (fine 12 million won) of the Prosecutor’s 1 is too unhued and unreasonable.

2. Ex officio determination

A. After completing a separate hearing with respect to the Defendant, the court of the first and second original judgment rendered a judgment ordering the Defendant to be sentenced to a fine of 12 million won, imprisonment of 2 years, and imprisonment of 2 years, the prosecutor filed each appeal against the judgment of the first instance court against the Defendant, and the court of the first instance decided to consolidate each of the above appeals cases with each of the above appeals cases.

B. Each crime of the lower court against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore, the lower court’s judgment against the Defendant cannot be reversed in its entirety.

C. However, the defendant's assertion of mental disorder still is subject to the judgment of this court, even though there are such reasons for ex officio reversal.

3. According to the records on the Defendant’s assertion of mental disorder, it is acknowledged that the Defendant was receiving medical treatment due to mental illness such as depression and depression at the time of committing the instant crime, but in light of the circumstances before and after committing the instant crime, the method of crime, the specific details of the instant crime, and the criminal records of the Defendant, etc., it is not deemed that the Defendant was in a state of having no or weak ability to discern things or make decisions due to such mental disorder as above at the time of committing the instant crime

4. Accordingly, the judgment of the court below against the defendant is examined above.

참조조문

-형법 제38조 제1항

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