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(영문) 제주지방법원 2018.02.08 2017노733
폭행등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The court below's scope of trial in this case dismissed the prosecution against the victim C among the facts charged in this case, and convicted each of the remaining facts charged. The defendant appealed against the guilty part of the judgment below on the grounds of mental and physical weakness and unfair sentencing, and the prosecutor did not appeal against the judgment below, and the dismissed part of the judgment below's dismissal becomes final and conclusive separately. Thus, the scope of trial in this court is limited to the guilty part

2. Summary of reasons for appeal;

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to mental illness, etc.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

3. Circumstances acknowledged by the lower court’s duly admitted and investigated evidence, namely, ① the Defendant committed the crime of causing fire to the present building, etc. with a lack of capacity to discern things or make decisions due to stimulative disorder, etc. on October 18, 2006, which was sentenced to imprisonment with prison labor for two years at the Jeju District Court on October 18, 2006 (the investigation records of the case No. 11077), and the Defendant committed the crime of causing injury, etc. under a lack of capacity to discern things or make decisions due to the mental disorder of the network type fission, and committed the crime of causing injury, etc. on October 2, 2008, which was sentenced to a sentence of imprisonment with prison labor for two years at the Jeju District Court on October 14, 2008 (the investigation records of the case No. 79 through 82). The Defendant was sentenced to a fine by the Jeju District Court on October 27, 2008 (the criminal investigation records of the case No. 3079).

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