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(영문) 대구지방법원 2016.08.31 2016노2087
절도등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and eight months.

Seized batteries (the whole length of batteries).

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the crime No. 2, 3, and 4 as indicated in the first instance judgment, the Defendant was in a state of mental and physical loss for the treatment of the diseases with disabilities.

2) The sentence sentenced to the first sentence of sentencing (one year and six months of imprisonment) is too unreasonable.

(b) The sentence sentenced to the second instance of the Prosecutor’s Decision (7 million won in penalty) is too unhued and unreasonable;

2. Determination

A. Prior to the judgment on each of the grounds for appeal by the defendant and the prosecutor, the defendant and the prosecutor filed an appeal against the judgment of the court below, and the pleadings were combined in the trial. Since each of the offenses the judgment of the court below was concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, since the judgment of the court below that rendered a separate sentence for each of the above offenses cannot be maintained in this respect.

B. Although the judgment of the court of first instance on the defendant's mental and physical disorder grounds for reversal of authority as above exist, the defendant's mental and physical disorder argument is still subject to the judgment of the court of this Court

According to the records, it is recognized that the defendant was suffering from shock disorder and re-refluence disorder at the time of committing the crime No. 2, 3, and 4 in the judgment of the first instance court, but in light of the process, method and method of the crime, the defendant's behavior before and after the crime, etc., the defendant did not have the ability to discern things at the time of the crime.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, on the ground that there is a ground for reversal under the above-mentioned authority, and the judgment below is reversed in entirety and it is again decided as follows

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

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