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(영문) 수원지방법원 2018.07.13 2018노3099
폭행등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal 1) The defendant of mental disorder, who is dissatisfied with the judgment of the court below that accepted mental and physical weakness, asserts mental and physical disorder as the grounds for appeal. Thus, the defendant is judged as the assertion of mental and physical loss.

At the time of committing the instant crime, the Defendant was in a state of mental and physical loss due to early illness.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined in the lower court’s determination on the assertion of mental disorder, the fact that the Defendant was suffering from her early illness at the time of the instant crime is recognized.

However, in light of the background, means, and method of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc., the Defendant was in a state of having lost the ability to discern things or make decisions at the time of

It is difficult to see it.

3. Each of the instant crimes committed against an unspecified number of victims is highly bad in the nature of the crime, and is disadvantageous to the victims that they did not reach an agreement with the victims.

On the other hand, the defendant seems to have committed a dynamic crime when suffering from her early illness, and the fact that there is no other criminal force except a fine of 500,000 won due to assault before committing each of the crimes in this case is favorable.

In addition, when considering all the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc. as shown in the records and arguments of the instant case, and the scope of recommended punishment according to the sentencing guidelines, the lower court’s punishment is deemed unfair because it is too unreasonable.

4. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.

【Grounds for a new judgment】 Summary of facts constituting an offense and evidence is recognized by the court.

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