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(영문) 부산지방법원 2018.04.06 2017노4770
절도
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (1.5 million won) is too heavy, 2017 and 9333 (1.5 million won).

B. At the time of committing the crime in the lower judgment, the Defendant was in a state of lacking the ability to discern things or make decisions due to the indicated function of the boundary and major depression with symptoms of mental illness at the time of committing the crime in the lower judgment.

B) The sentence of the lower court’s unfair sentencing (an amount of four million won) is too heavy.

2. The Defendant filed an appeal against the judgment of the court below in entirety, and the court decided to consolidate the above appeal cases.

Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

On the other hand, the defendant's argument about the second judgment of the court below is still subject to the judgment of the court, and the claim about the second judgment of the court below is changed.

3. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mental disorder against the lower judgment of the second instance, namely, ① the Defendant was diagnosed from March 2012 to “major depression with mental symptoms” due to symptoms such as exchange, influoring, droping desire, and towing people, and under medical treatment until now, and ② the lower court’s first instance judgment on the crime of larceny committed at a time similar to the criminal facts stated in the second lower judgment acknowledged the Defendant’s mental and physical weak condition as to the crime of larceny, and the motive and details leading up to each of the instant crimes, the Defendant’s statement and attitude from the investigative agency to this court, the Defendant’s age, sexual behavior, living environment, and intellectual level, the Defendant committed the instant crimes, without any special motive.

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