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(영문) 서울중앙지방법원 2016.11.04 2016노1853
재물손괴등
Text

All judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The abstract of grounds for appeal (mental disorder and unreasonable sentencing);

A. On the first judgment of the court of first instance (defendant 1), the Defendant was in a state of mental disability due to the symptoms of bipolar disorder at the time of committing the instant crime. 2) The sentence of the first judgment of the court of unfair sentencing (one year of imprisonment) is too unreasonable.

B. On the second judgment (the defendant and the prosecutor), the defendant asserts that the above punishment is too unreasonable and unfair, as the defendant's punishment is too excessive. The prosecutor asserts that the above punishment is too uneasible.

C. On the third original judgment (defendants), the punishment of the third original judgment (six months of imprisonment) is too unreasonable.

2. According to the record of the judgment of the court of first instance as to the assertion of mental disorder, the defendant is deemed to have received a mental and medical treatment due to depression in the past, but in light of the circumstance leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions due to the above injury and disease at the time of the crime, and thus, the above argument of the

3. The judgment of the court of first instance and the judgment of the court of second instance are sentenced to each of the judgment of the court of first instance as to the defendant, and the defendant and the prosecutor filed an appeal as to the judgment of the court of second instance, and the court of first instance decided to hold a joint hearing as to the above judgment of the court of first instance. Since each of the crimes against the defendant against the court of first instance is recognized to be guilty as being in concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be sentenced in accordance with Article 38

Therefore, all of the judgment of the first instance could not be maintained.

4. Accordingly, the judgment of the court of first instance on the grounds of the above ex officio reversal, and the defendant's assertion of unfair sentencing as to the judgment of the court of first instance and the judgment of the court of third instances.

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