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(영문) 서울동부지방법원 2015.04.09 2014노1298
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

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 disability due to the injury and injury of a mental patient.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. As to the claim of mental disability, after being diagnosed as a early illness around April 2003, the Defendant was hospitalized in several hospitals, such as Seoul National Hospital, Daegu Medical Center, etc., and upon the commission of this court, according to the written mental appraisal document prepared by the public medical treatment and custody center S, the Defendant is presumed to have been a dead-end patient, and the Defendant is presumed to have been in the state of mental disorder whose right to judgment and decision making capacity have been deteriorated at the time of each of the of the instant crimes, and is presumed to have been in the state of mental disorder whose mental health care is needed in the future. In full view of the fact that each of the instant crimes was conducted at the time of the instant crimes, the Defendant can be acknowledged to have been in a state where there was a lack of ability to discern things or make decisions.

Therefore, the lower court, which did not grant statutory mitigation due to mental or physical disability, erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. Therefore, this part of the Defendant’s assertion is with merit

3. As such, the judgment of the court below is reversed by applying Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the defendant's appeal is without examining the defendant's argument of unfair sentencing

[C] The criminal facts of the defendant and the summary of the evidence recognized by the court are added to the first head of the criminal facts in the judgment of the court below, "the defendant is in a state that the defendant lacks the ability to discern things or make decisions due to the net type of injury" and added "1. The main text of the evidence" to the "written expert opinion of the Ministry of Public Medical and Custody".

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