(영문) 제주지방법원 2018.06.21 2018노197 | 리걸엔진

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(영문) 제주지방법원 2018.06.21 2018노197

절도미수등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misapprehension of the legal doctrine did not try to steals the money that Defendant did not transfer D History on July 10, 2016, and did not inflict injury on J on July 25, 2016, and committed each of the instant crimes in the state of mental and physical disorder. However, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence sentenced by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

2. According to the evidence cited by the lower court on the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, it can be acknowledged that the Defendant did not collect the money of the fire-fighting boat installed in front of D's surrogate payment on July 10, 2016, and that the Defendant was in a state of having no or weak ability to distinguish things or make decisions, with his hand on July 25, 2016, thereby undermining the JJ’s complete physical integrity, by scaming several times. The record of the instant case reveals that the Defendant had no or weak ability to discern things at the time of each of the instant crimes.

Therefore, we cannot see that the defendant's mistake or misapprehension of the legal principles is without merit.

3. Comprehensively taking account of the various circumstances, which form the conditions for sentencing as seen in the instant case’s determination of the illegality of sentencing by the Defendant and the Prosecutor, the Defendant’s sentence is too heavy or is deemed unreasonable as it is frightened. Therefore, the Defendant’s and the Prosecutor’s wrongful assertion of sentencing are without merit.

4. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

유사 판례

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