(영문) 춘천지방법원 2014.10.29 2014노572 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2014.10.29 2014노572

절도등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to drinking at the time of the instant crime.

B. The sentence of unfair sentencing (ten months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is found that the defendant was in a state of drinking alcohol at the time of the crime in this case, but in light of various circumstances such as the circumstances leading to the crime in this case, the means and method of the crime, the behavior of the defendant before and after the crime in this case, and the circumstances after the crime, it is not deemed that the defendant had the ability to discern things or make decisions due to drinking. Thus, the above argument by the defendant

B. In light of the following circumstances: (a) the Defendant had multiple criminal records of the same kind, including the sentence imposed on the Defendant with respect to the assertion of unfair sentencing, is disadvantageous; (b) on the other hand, the Defendant recognized the Defendant’s mistake and against himself; (c) the degree of larceny damage is minor; (d) the Defendant was in the trial and agreed with the victim D and F; (c) the Defendant deposited KRW 80,000 for I; and (d) other factors of sentencing indicated in the record, including the motive and background leading up to the instant crime; (d) the Defendant’s motive and background leading up to the instant crime; and (e) the Defendant’s age, character, conduct, and environment

3. As such, the defendant's appeal is reasonable, and the guilty part of the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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