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(영문) 수원지방법원 2018.05.18 2017노6387
폭행등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of two years and six months and by a fine of three hundred thousand won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was mentally and physically in a state of mental and physical weakness due to mental illness with the shock disorder at the time of committing each crime in relation to each of the facts stated in the judgment below.

B. The punishment of each court below (the first instance court's judgment is limited to both sides of the judgment below as indicated in its holding) is too heavy (one year of imprisonment with prison labor for a year and six months and a fine of 300,000 won, and the second instance court's imprisonment with prison labor for a year).

2. Determination

A. Upon ex officio determination, the first and second instances of the lower court sentenced the Defendant to the following: (a) one year and six months of imprisonment; and (b) one year and one year of imprisonment, respectively; and (c) one year and one year of imprisonment, respectively.

The defendant filed an appeal against each judgment of the court below, and the prosecutor filed an appeal against the judgment of the court of first instance and decided to review each appeal case together with each other.

However, each of the crimes of the court below against the defendant 1 and 2 shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act as a relation of concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, all the judgment of the court below against the defendant shall be reversed.

However, even in this case, the defendant's argument about criminal facts as stated in each judgment of the court below is still subject to the judgment of this court, and we will review this below.

B. The phenomenon where a crime was committed due to his/her failure to suppress his/her impulse on the assertion of mental or physical disorder is likely to be found even to the normal person, and barring special circumstances, it cannot be deemed that a person with the above character defect requires an act that cannot be expected to restrain his/her impulse and to demand compliance with the law, barring special circumstances, and thus, it is reasonable to deem that, in principle, the defect, such as shock disorder, does not constitute a mental or physical disorder, which is the reason for the reduction or exemption of punishment.

However, the same nature as that of impulses.

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