(영문) 인천지방법원 2014.05.29 2014노856 | 리걸엔진

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(영문) 인천지방법원 2014.05.29 2014노856

사기등

Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to each criminal fact described in the judgment of the court of first instance, the defendant was under the influence of alcohol at the time of stopping each of the above crimes, and was in the state of mental disability.

B. Each sentence of unfair sentencing sentenced by the court of original judgment against the defendant (the first sentence: imprisonment with prison labor for a period of one year and the second sentence: a fine of one million won) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first and second court sentenced the defendant to the court below's ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and the second court decided to jointly examine the above two appeals cases. Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the crimes against the defendant is concurrent crimes under Article 38 (1) of the Criminal Act, and thus, the court below's judgment cannot be exempted from all of the judgment below in that it is a single sentence of punishment within a single term of punishment within the scope of concurrent crimes under Article 38 (1) of the Criminal Act.

B. As to the claim of mental and physical disability, since the defendant's assertion of mental and physical disability is still subject to the judgment of the court of first instance, it does not seem that the defendant was in a state of lacking the ability to discern things or make decisions at the time of each of the above crimes, in full view of various circumstances, such as health conditions, the circumstances leading to each of the crimes listed in the judgment of the court of first instance, the means and methods of the crime, the behavior of the defendant before and after the crime

Therefore, the defendant's argument of mental disability is not accepted.

3. Accordingly, the judgment of the court below has the above reasons for reversal.

참조조문

-형법 제38조 제1항

유사 판례

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