특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. Although the Defendant did not commit the instant crime, the lower court found the Defendant guilty of all the facts charged by misunderstanding the facts.
B. At the time of committing the instant crime with mental disorder, the lower court, even though the Defendant did not have the ability to discern things or make decisions due to the fact that the Defendant had been unable to do so, did so.
(c)
The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the court below, such as each CCTV video and a caps photograph and a gene appraisal report, as stated in the judgment below, as to the assertion of misunderstanding of facts, the defendant can sufficiently recognize the fact that the defendant habitually committed the crime of larceny, theft, and attempted larceny of each night structure of this case as stated in the judgment below. Thus, the defendant's assertion of misunderstanding of facts
B. As to the assertion of mental disorder, the Defendant was physically and mentally in a state of mental weakness at the time of committing each of the instant crimes with a mental fission;
As to the assertion, the court below rejected the above assertion in full view of all the circumstances acknowledged by the evidence, such as the defendant's behavior before and after the crime, the process and mode of the crime, the investigation, and attitude in the trial proceedings, etc., such as preparing clothes to be taken by the defendant in advance at the time of the crime of this case, theft of clothes at other places after the crime, and escape.
However, the mental disorder stipulated in Article 10 of the Criminal Act is a biological factor and needs to be judged as lacking or reduced in the identification ability of things due to mental disorder as well as mental disorder such as mental, mental, or abnormal mental condition. Thus, even if a person with mental disorder is a person with normal ability to distinguish things or control behavior at the time of committing the crime, it cannot be deemed as a mental disorder.