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(영문) 부산고등법원 2017.09.20 2017노271
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of weak ability to discern things or make decisions due to mental disorders, such as a manicule, etc.

B. The lower court’s sentence (three years of imprisonment) is too unreasonable in light of the following: (a) recognizing the crime as an unfair initial crime for sentencing and against the wrongness; and (b) taking into account the fact that the victim was not punished against the Defendant.

2. Determination

A. As to the assertion of mental disorder, the Defendant also asserted the same as the grounds for appeal.

However, in full view of the circumstances in its holding, the lower court found that the Defendant was in a state of weak ability to discern things or make decisions due to mental disorders, such as a man-inception, etc.

It is difficult to see

Judgment and rejection of Defendant’s argument.

The judgment below

C. The reasons are as follows: (a) the Defendant was under 10-time hospitalization from the “S Hospital” located in Busan Shipping Daegu District, from around 2007 to around 2007, and received pharmacologic treatment by going through the above hospital more than 10 times from around February 2017; (b) on the other hand, in addition to symptoms such as the excessive, excessive, excessive, chilling, and shocking, and shocking disability, etc., other than those showing symptoms, the Defendant caused a judgment disorder, and thus, could recover from the normal level of behavior control and judgment ability due to appropriate pharmacologic, etc.; (c) the Defendant was also under consideration of the motive and circumstances leading up to the instant pharmacologic treatment in the process of committing the crime; (d) the Defendant was also under the overall circumstances, including the symptoms of the above pharmacologic treatment.

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