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(영문) 서울남부지방법원 2015.12.18 2015노1491
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Of the facts constituting an offense of mistake of facts in the judgment of the court below, in relation to the fact that the Defendant collected a tree atmosphere and a chemical part as stated in the facts constituting an offense (Article 1.e., clause (f), and clause (f) of the facts constituting an offense), it cannot be recognized as to the fact that the Defendant damaged the victims’ property (such as a flag, a rooftop entry, and a car board).

B. At the time of each of the instant crimes, the Defendant was in a state of mental disability or mental health disorder due to mental disorder, such as mental disorder.

C. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the facts charged in the instant case ex officio, and the prosecutor applied for changes in indictment by changing the applicable provisions to “Article 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act”, “Article 369(1) and Article 366 of the Criminal Act,” and the judgment of the court below is no longer maintained as the case is subject to the judgment upon permission.

However, the defendant's assertion of mistake and mental and physical disorder is still subject to the judgment of this court, and the following is examined.

B. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, especially the victim J and K's statements, each internal report, each on-site photographs, etc., the court below's decision 1.Ma of the facts constituting the crime committed by the defendant.

It is sufficiently recognized that the property of the victims was damaged, such as paragraphs (f) and (f).

C. The lower court duly adopted and investigated the determination on the assertion of mental disorder.

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