(영문) 의정부지방법원 2015.01.15 2014노1618

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.01.15 2014노1618

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The sentencing of each court below (the first instance court: the imprisonment of 10 months and the second instance court: the imprisonment of 2 months) is too unreasonable.

2. Determination

A. As the defendant filed an appeal against all the judgment of the court below, each appeal case was consolidated and tried in the trial. Since each crime of the judgment of the court below is concurrent in relation to each crime under the former part of Article 37 of the Criminal Act, it should be ruled at the same time and sentenced to a single punishment.

In this respect, the judgment of the court below is no longer maintained.

However, the defendant's argument about mental disorder is still subject to the judgment of the court.

B. According to the records on the assertion of mental disorder, even though the defendant was found to have drinking alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, the defendant's attitude, speech, and the same criminal records, etc., it cannot be deemed that the defendant was in a state that he did not have or lacks the ability to discern things or make decisions at the time of each crime

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each 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. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

참조조문

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