특정범죄가중처벌등에관한법률위반(절도)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the crime, was in a state of falling short of the ability to discern things or make decisions due to mental disorder, such as impulse’s disease and pharmacologic disorder caused by side effects, etc.
(B) The defendant withdraws his assertion of mistake on the first day of this Court.
The punishment (the first and second judgment of the court below) of the court below on unreasonable sentencing (the imprisonment of 1 year and 1 year and 6 months) is too unreasonable.
2. Determination
A. We examine ex officio the grounds for appeal prior to the judgment of ex officio.
1) A consolidated defendant filed an appeal against the lower judgment, and this Court decided to jointly examine the above two appeals cases. Since each of the offenses against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced pursuant to Article 38(1) of the Criminal Act, the lower judgment cannot be maintained. 2) In light of the misunderstanding of facts or misunderstanding of legal principles as to mental and physical disorder (Article 1) records, the fact that the Defendant suffered from shock disorder at the time of the first crime of the lower judgment can be acknowledged.
However, the Defendant did not have the ability to discern things or make decisions at the time of committing the crime, such as taking money at a horse race track and taking out specific motive for committing the crime, such as a lack of rent, etc., active physical coloring places where it is easy to commit the crime, such as festing, human resources, etc., and attempted to destroy evidence after committing the crime.
Nevertheless, the court of first instance judged that the defendant was in a state of lacking the ability to discern things or make decisions at the time of the crime, and determined that the court of first instance has reduced the sentence by law on the ground of mental disorder of the defendant.