(영문) 대구지방법원 2015.01.23 2014노3768 | 리걸엔진

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.01.23 2014노3768

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 500,000 won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant charges.

B. Each sentence (the first sentence: imprisonment with prison labor for 10 months, fines for 200,000 won, and fines for 700,000 won: 70,000 won) imposed on the accused by the court below on the accused is too unreasonable.

2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.

However, the defendant's assertion of mental disorder is still subject to a party member's judgment even though there is a ground for ex officio reversal as above, and it will be judged below.

3. According to the records on the determination of the claim of mental retardation, the Defendant may recognize the fact of drinking alcohol at the time of each of the charges in this case, but on the other hand, in light of the background and method of the crime in this case, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant did not appear to have lost or weak ability to discern things or make decisions at the time of committing the crime, and even if

Even before the occurrence of each of the crimes in this case, the Defendant had been punished for committing violent crimes, etc. even before the occurrence of each of the crimes in this case. In light of the fact that the Defendant predicted the risk of violent crimes, etc., which may occur while under the influence of alcohol, and went into the state of mental and physical disorder by drinking it in advance.

Therefore, the above act of the defendant constitutes a free act in the so-called reason under Article 10 (3) of the Criminal Code.

참조조문

-형법 제10조 제3항

-형법 제37조

유사 판례

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