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(영문) 서울고등법원 2018.06.29 2018노236
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical weakness at the time of committing each of the instant crimes, including that the Defendant suffered from a normal and emotional disorder.

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

2. In full view of the following facts and circumstances acknowledged by the lower court and the evidence duly adopted and examined by the court below, and the circumstances such as the background and means of each of the instant crimes, and the behavior before and after the instant crimes, the Defendant had the ability to discern things or make decisions due to the disturbance of tide at the time of each of the instant crimes.

Recognized.

Therefore, the defendant's mental and physical weak argument is justified.

① From February 25, 2014 to May 3, 2014, the Defendant discharged the Defendant, after receiving diagnosis of the frietative disorder and hospitalized treatment at “Meat Hospital” located in Ansan-gu, Magro Hospital 33-ro 8, Annyang-si, Annyang-si, Annyang-si, and received hospital treatment by August 28, 2014.

Then, on November 16, 2016, the Defendant visited the above hospital. A doctor Q who diagnosed the Defendant at the time: (a) presumed that there was frequent “bable” string the Defendant around that time; and (b) that the symptoms were likely to have been repeated (the trial record 81,116th day). (b) The Defendant was released from military service by a resolution of the Military Manpower Administration, i.e., the Defendant, after serving as social service personnel in the Ansan Juvenile Reformatory from October 2, 2015, on the ground that he was unable to adapt to the said hospital, such as causing emotional distress with the social service personnel. From October 2016, 2016, the Defendant was subject to the suspension of service by a resolution of the Military Manpower Administration, i.e., having been called up through the examination of the Gyeong Military Manpower Administration, a regional military service committee, for reasons that the Defendant had been subject to the suspension of service by around November 3, 2016 to May 27, 2017.

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