(영문) 광주지방법원 2014.12.11 2014노2027 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2014.12.11 2014노2027

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a period of eight months and a fine of five million won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. On May 22, 2013, the Defendant was in a state of mental disorder or mental retardation at the time of committing each crime.

B. The sentence of the lower court (the first instance judgment: 8 months of imprisonment; 6 months of imprisonment; and 3 million won of fine) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, this Court tried to examine the three cases of appeal by combining the three cases of appeal against the defendant by the court. The crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be reversed in its entirety.

3. Judgment on the assertion of mental disorder: there is a reason to reverse the judgment below ex officio.

Even if the defendant's argument about each crime on May 22, 2013 is still subject to the judgment of this court, it will be examined below.

According to the evidence duly admitted and examined by the court below, the defendant tried to gather money on the card when the victim C demands interim calculation, and attempt to flee, and thereafter police officers knew the fact that he was designated and distributed to police officers, and told their pro-friendly resident registration numbers that he was put to concealment, etc., and made a statement on May 22, 2013 at an investigative agency, including the following facts: (a) the crime of this case was committed; (b) the process, means and method of the crime of this case; and (c) the defendant's speech and behavior before and after the crime, there was no ability to discern things or make decisions; and (d) the defendant did not have any ability to discern things or make decisions.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

4. Accordingly, the judgment of the court below is examined as above.

참조조문

-형법 제38조 제1항

유사 판례

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