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(영문) 서울중앙지방법원 2015.06.25 2014노5117
주거침입등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant has committed each of the crimes in this case under the mental or physical weakness or the weak condition.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the allegation of mental disorder or mental disability, in light of the circumstances indicated in the records, such as the background leading up to each of the crimes in this case, the details of the crime, and the defendant's behavior before and after the crime, it is not recognized that the defendant had committed a state of the loss or lack of ability to distinguish things and make decisions at the time of the crime, and thus, this part of the defendant'

B. The lower court’s sentence is too unreasonable in light of the following factors: (a) the Defendant agreed smoothly with the victim on the assertion of unfair sentencing; (b) the stolen goods are one tax system; (c) the Defendant has a thalleth class 4 disability; and (d) the Defendant is a basic livelihood recipient; and (c) the Defendant’s age, character and conduct, family relation, motive, means, and consequence of the crime; and (d)

C. On the other hand, the defendant's defense counsel submitted a summary of the pleadings on May 20, 2015, which was later before and after the deadline for submitting the grounds for appeal, on the grounds of mistake of facts and misapprehension of legal principles, but this does not constitute a legitimate ground for appeal, and further, it cannot be found the grounds for ex officio examination even after

3. Although the defendant's allegation of defectiveness, etc. is without merit, the decision of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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