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(영문) 대전지방법원 2015.09.24 2015노1911
주거침입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental illness with mental disability.

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

2. According to the fact-finding inquiry reply (Evidence No. 1) with respect to the claim of mental retardation, the Defendant is recognized as having shown symptoms, such as an brupt accident, excessive language and behavior, damage network, relation, etc., committed by him/her to the G Council located in Seocho-si from November 12, 2010 to June 5, 2015.

Considering the period, symptoms, and the circumstances and attitudes of each of the crimes in this case during which the Defendant was hospitalized, the Defendant is deemed to have committed each of the crimes in this case in a state that the Defendant lacks the ability to discern things or make decisions due to mental or physical disorder caused by the on-site illness.

This part of the defendant's assertion is justified.

3. As the defendant's appeal on the ground of mental and physical disability is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again ruled as follows.

Criminal facts

The facts constituting the crime acknowledged by this court are as stated in the corresponding column of the judgment of the court below, except for the addition of "the defendant is a person who lacks the ability to discern things or make decisions due to a mental or physical disorder caused by the early illness" to the first head of the crime of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Summary of Evidence

The summary of this court's evidence is as shown in the corresponding column of the court below's judgment, except for adding "1. inquiry letter" to the summary column of the evidence.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 319(1) of the Criminal Act concerning facts constituting an offense, and Article 319(1) of the choice of punishment (the point of intrusion upon residence);

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