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(영문) 인천지방법원 2019.01.23 2018노3341
재물손괴등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. According to the record of the instant case’s determination on the assertion of mental disorder, the Defendant was diagnosed on March 28, 2017, and the same year from March 28, 2017.

4. 5. It is recognized that up to 5.0. it received three-time outpatients treatment due to the symptoms, such as the damage from the network accident, the pertinent network accident, and the occurrence of an aggressive accident, the aggressive behavior possibility, severe apprehensions, and damage to the reality judgment ability, etc.

In full view of the facts acknowledged as above and the circumstances revealed by the evidence duly adopted and examined by the lower court, the Defendant was in a state of lacking ability to discern things or make decisions due to the mental disorder caused by the network disorder as above at the time of each of the instant crimes, taking into account the following: (a) the background leading up to each of the instant crimes; (b) the means and methods of committing the crimes; (c)

On March 28, 2017, on March 31, 2017, and April 14, 2017, the Defendant was sentenced to imprisonment with labor for not less than ten months on the ground of a crime of assaulting and injuring others as dangerous objects without any special reason in a “a state of mental disorder” due to mental illness.

(In light of the situation before and after each of the instant crimes and the fact that the Defendant made a statement by memory of the process of the crime, etc., it seems that the Defendant did not reach the status that, at the time of each of the instant crimes, the Defendant did not have the ability to discern things or make decisions beyond the state of mental and physical disability as seen above.

Therefore, this part of the defendant's assertion of mental disability is justified, and the argument of mental disorder is without merit.

3. Accordingly, the defendant's argument of mental disability is justified.

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