(영문) 대구고등법원 2013.05.02 2012노781 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2013.05.02 2012노781

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each of the crimes in this case, the Defendant was in a condition that he was unable to discern things or make a decision due to the mental retardation at the time of the crime, and thus, the judgment below which did not recognize it was erroneous and adversely affected the conclusion of the judgment by misunderstanding the fact about the

B. The lower court’s sentence of unreasonable sentencing (one year and eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court and the lower court as to the assertion of defectiveness, and in particular, the aforementioned evidence and the evidence, the Defendant was found to have lacking the ability to discern things or make decisions due to the mental retardation at the time of each of the instant crimes.

However, in full view of the following circumstances: (a) the evidence revealed by the foregoing evidence; (b) the Defendant’s symptoms and mental symptoms; (c) the background leading up to each of the instant crimes; (d) the means and methods of committing the instant crimes; (c) the Defendant’s criminal conduct before and after the instant crimes; and (d) the circumstances after the instant crimes, it is determined that the Defendant did not have the ability to discern things or make decisions due to the mental retardation at the time of the instant

In the same purport, the lower court did not err by misapprehending the fact regarding the defect, as alleged by the Defendant.

Therefore, we cannot accept this part of the defendant's ground of appeal.

B. The Defendant recognized all crimes and divided his mistake in determining unfair sentencing.

The Defendant committed the instant crime under the state that the Defendant lacks the ability to discern things or make decisions due to his mental retardation.

One of the victims of the instant crime, F does not want to be punished against the Defendant by mutual consent with F.

These circumstances are favorable to the defendant.

(b).

유사 판례

-서울고등법원 2014.12.18 2014노2781

-대구고등법원 2013.08.22 2013노223

-대구고등법원 2013.06.20 2013노182

-서울북부지방법원 2013.04.05 2013고합53

-대구고등법원 2013.12.05 2013노510