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(영문) 서울고등법원 2017.12.20 2017노2615
재물은닉
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the legal doctrine (mental and physical weakness) was under the influence of alcohol in a state of mental and physical instability, which lacks the ability to discern things or make decisions at the time of committing the instant crime.

2) The lower court’s sentence (one year and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant by the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. As to the Defendant’s assertion of misapprehension of the legal doctrine, the lower court asserted that the Defendant had the same intent as that of the Defendant’s mental and physical weakness. According to the evidence duly admitted and investigated, the lower court acknowledged that the Defendant had drinking alcohol at the time of the instant crime, but in light of the background leading up to the crime, method of the crime, and circumstances after the crime, etc., the Defendant did not appear to have reached a state where the Defendant had no or weak ability to discern things due to drinking alcohol at the time

The above argument was rejected.

In a thorough comparison with records, the above determination by the court below is just and acceptable, and there were errors by misapprehending the legal principles on mental and physical weakness.

subsection (b) of this section.

The defendant's assertion of misapprehension of the legal principles is without merit.

3. The instant crime committed against the Defendant and the Prosecutor’s each of the unlawful arguments in sentencing is very bad in light of the following: (a) the Defendant committed a discriminatory violence against women who are mixed with the alleyway during the night without any reason; (b) deducted the cellular phone owned by the victim; and (c) concealed the victim’s cell phone; (c) taking women who do not have awareness of being the party to the crime as the other party to the crime; and (d) the degree of the method of assault is heavy.

The victim seems to have suffered a considerable mental suffering due to the crime of this case.

However, the defendant recognized the crime of this case, and committed a mistake through the life of detention for about 10 months.

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