(영문) 수원지방법원 2014.11.03 2014노5072 | 리걸엔진

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(영문) 수원지방법원 2014.11.03 2014노5072

공용물건손상등

Text

The judgment below

Part 2 of the judgment(the crime of damaging public goods) shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disorder or mental disability due to drinking.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and a fine of 500,000 won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined in the lower court’s determination on the assertion of mental and physical disorder, the Defendant is deemed to have fulfilled drinking at the time of the instant crime, but even considering such circumstances, in light of the background leading up to the instant crime, the means and method of the crime, the Defendant’s attitude and behavior before and after the instant crime, and the circumstances after the instant crime, etc., it does not appear that the Defendant did not have reached a state where he lost or weak ability to discern things or make decisions at

Even if the defendant was in a state of mental disorder at the time of the crime of this case, Article 10(3) of the Criminal Act provides that "the preceding two paragraphs shall not apply to any act of a person who predicted the occurrence of danger and caused a mental disorder by him/her," and the defendant stated at the police station that he/she had several difficulties in finding a box at the scene of drinking, and the defendant was punished by a fine of five million won by interfering with a police officer's performance of his/her official duties, interfering with a police officer's performance of his/her duties, and interfered with a police officer's performance of his/her official duties, and by destroying a public article for damage, the defendant constitutes a case where, at the time of drinking, finding a disturbance at the police station, etc. and causing a risk of damage to a person who was able to receive property, and causing a mental and physical disorder.

As such, the defendant cannot be punished due to mental disorder.

or reduction of punishment due to mental or physical disability shall not be allowed.

I would like to say.

Therefore, the defendant's above assertion is accepted.

참조조문

-형법 제10조 제3항

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