(영문) 대전지방법원 2017.04.20 2016노3362 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.04.20 2016노3362

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

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

Seized evidence No. 1 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes under the mental and physical loss or mental weakness.

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

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Since the court below confiscated No. 1 of the seized evidence, but omitted legal provisions on the application of the Act and subordinate statutes, the judgment of the court below shall no longer be maintained in this respect.

However, despite the above reasons for reversal of authority, the above argument of the defendant's mental and physical disorder still is subject to the judgment of this court, and this will be examined.

3. According to the written appraisal of the appraisal of the appraisal of a custody center for the determination of mental and physical disorder, although the defendant had brain resistant symptoms, it seems that there was no liverion at the time of each of the crimes in this case, and there was no other evidence from the mental military register. As such, it was appraised that at the time of each of the crimes in this case, the defendant's ability to discern the object and make decisions were deemed to have been sound at the time of each of the crimes in this case, and comprehensively taking into account all the circumstances revealed in the arguments in this case, such as the means and attitudes of each of the crimes in this case, the defendant committed each of the crimes in this case under the state that the defendant was unable to

shall not be deemed to exist.

Therefore, we cannot accept this part of the defendant's assertion.

4. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to determine the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each of the corresponding columns of the judgment below. Therefore, Article 369 of the Criminal Procedure Act applies

유사 판례

-대구지방법원 2016.04.29 2015노4966

-청주지방법원 2016.01.22 2015노834

-부산고등법원 2018.08.22 2018노101

-대구지방법원 2016.04.07 2016노247

-서울서부지방법원 2017.09.14 2016노1406