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(영문) 부산지방법원 2014.11.20 2014노3524
절도등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of each of the instant crimes, was under the influence of alcohol at the time of the instant crimes, and was in a state of mental disorder due to the recurrence of a sule, depression, etc.

B. The lower court’s sentence of KRW 4 million (fine 4 million) on the ground of unreasonable sentencing is too unreasonable.

2. First of all, we examine the defendant's argument of mental disability.

Comprehensively taking account of various circumstances, such as the behavior before and after the instant crime and the Defendant’s criminal history, attitude of living, inclination, etc., as indicated in the record, the Defendant was aware that the Defendant was suffering from the normal depression at the time of each of the instant crimes, but all of the Defendant’s past criminal records were committed while drinking. Moreover, the Defendant her flasing alcohol without being aware that “the Defendant’s illness was vulnerable to alcohol so that it could occur easily due to the vulnerability of alcohol,” and eventually committed the crime like the previous crime.

Even if it cannot be deemed that the defendant's ability to discern things or the intention is weak, so the defendant's assertion of mental disability is without merit.

3. Following an ex officio determination on the Defendant’s assertion of unfair sentencing, following the determination on the Defendant’s assertion of unfair sentencing ex officio, according to “a copy of each judgment adopted and investigated ex officio by the trial court,” and “instant search by the Supreme Court,” the Defendant, who was sentenced by the Busan District Court to imprisonment with prison labor on September 5, 2014 with prison labor on the grounds of special obstruction of performance of official duties, etc., but appealed on October 24, 2014, which is after the judgment of the lower court was rendered, and the judgment of the lower court became final and conclusive as it becomes final and conclusive. Since each offense in the judgment of the lower court constitutes concurrent crimes with each offense for which the said judgment became final and conclusive under Article 37 of the Criminal Act, the sentence shall be imposed in consideration of equity with the case where

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