(영문) 수원지방법원 2017.01.11 2016노5862 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.01.11 2016노5862

절도등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

seizure.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disorder - The Defendant was in a state of mental and physical loss or mental weakness by drinking while committing each crime as set forth in the judgment of the court below No. 2.

B. Illegal sentencing of the lower court (i.e., ① 1: imprisonment with prison labor for 4 months, ② imprisonment for 10 months) is too unreasonable.

2. We examine ex officio determination.

The first and second judgment against the defendant was rendered, and the defendant filed an appeal against it, respectively, and this court decided to hold a joint hearing of each of the above appeals cases.

Each crime of the first and second judgment against the accused shall be sentenced to one sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.

However, the defendant's allegation of mental disorder, the grounds for appeal against the judgment of the second court, despite the above reasons for reversal, is still subject to the judgment of the court, and this is examined.

3. According to the records of the judgment on the assertion of mental disorder, the Defendant appears to have drinking alcohol at the time of each crime in the judgment of the court below. However, in light of the circumstances leading up to each crime by the Defendant, the method of the crime, the time of the crime, and the circumstances thereafter, it is not deemed that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of each crime.

Therefore, the defendant's mental disorder is without merit.

4. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court shall be as follows.

참조조문

-형법 제38조 제1항

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