logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.07.18 2013노220
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In full view of the circumstances and attitudes of each of the crimes in this case by misapprehending the legal principles, the degree of the defendant's memory against the crime, the defendant's attitude in the investigation and trial proceedings, and other defendant's mental disorder at the time of each of the crimes in this case, even if the defendant suffered from mental disorder of sexual intercourse at the time of each of the crimes in this case, it cannot be deemed that the defendant lacks the ability or ability to make a decision, and it is reasonable to deem that he committed the above crimes in his sexual desire and interest, and that he committed the above crimes in his motive to meet his own sexual desire and interest. However, the court below determined that the above sexual obscenity certificate as a cause for mitigation of mental disorder. The court below erred by misapprehending the legal principles on mental disorder, which affected the conclusion of the judgment. 2) The sentence of imprisonment with prison labor for one year sentenced by the court below is too un

B. The sentence of one-year imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. The mental disorder stipulated in Article 10 of the Criminal Act refers to not only mental disorder such as mental illness or abnormal mental condition, but also mental disorder such as mental disorder requires that the mental disorder lacks or reduces the ability to discern things or control action accordingly. Thus, even if a person with mental disorder is a person with normal physical disorder at the time of committing the crime, the mental disorder cannot be deemed as a mental disorder if he/she had the ability to distinguish things from normal things

(see, e.g., Supreme Court Decision 92Do1425, Aug. 18, 1992). Unless there are special circumstances, it cannot be said that a person who has a character defect requires acts to restrain his impulse and to demand compliance with the law. Thus, it cannot be said that there is a mental disorder, such as sexual e.g., e., e., e., e., sexual e., e., clothes, etc. which are non-living, which are believed to be sexually respective and scarcityic agents and used to inspire sexual interest.

arrow