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(영문) 서울고등법원 2016.11.25 2016노970
인질강요등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the crime of coercioning the human nature of this case, the Defendant, at the time of committing the crime of coercioning the human nature of this case, failed to have the ability to discern things or make decisions due to the existing emotional disease and large quantity of drugs. 2) The lower court’s sentence of unfair sentencing (two years of imprisonment, confiscation) is too unreasonable.

B. Inspection 1 misunderstanding of facts: In light of the result of a maternity appraisal on the defendant in violation of the Act on the Control of Narcotics, etc. (flapsying), the defendant shall be Metepha (hereinafter referred to as the "philophone").

Although the Defendant’s statement on the background leading up to the occurrence of the reaction to the training of phiphones is not reasonable, the lower court found the Defendant not guilty of this part of the facts charged on the ground that the Defendant cannot be found guilty of the perception and intent to administer phiphones, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. The lower court’s determination as to the Defendant’s claim of mental retardation is recognized as having received a detailed diagnosis of depression, but the Defendant was arrested at around 12:48 on December 9, 2015 and was investigated by the police from around 10:15 to 12:47 on the same day, and the Defendant was arrested at around 14:15, and was investigated by the police. ② The Defendant was employed in the investigation without any particular particulars at the time of the investigation by the police; ③ the Defendant was completion of inspection of the protocol at around 15:40 on the same day, and ③ the Defendant was aware of the completion of signing the protocol at around 15:40 on the same day, in light of various circumstances, such as the background of the instant crime, the conduct before and after the commission of the crime, and the means and method of the crime.

It was determined that it was difficult to view it to have reached a weak or weak state.

The above circumstances of the court below are based on the mental appraisal results, etc. of the defendant in the trial.

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