특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. Since the Defendant was in a state of mental and physical weakness due to mental delay at the time of committing the instant crime, the lower court, which did not recognize it, committed an unlawful act that affected the conclusion of the judgment by misunderstanding the fact.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. The lower court determined on the assertion of mental or physical weakness: (a) in light of the background leading up to the instant crime, the method and method of committing the instant crime, the circumstances after committing the instant crime, etc., the Defendant did not have or lacks the ability to discern things at the time of committing the instant crime, in determining the level 3 of intellectual disability, such as the disabled or the disabled, disability, etc. of grade 3 of the intellectual disability; (b)
It is difficult to see
The decision was determined.
However, the following circumstances are acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the defendant was educated to enable social vocational rehabilitation after graduating from a middle school.
With respect to the instant crime, there is no evidence to see: (i) the Defendant was diagnosed at the third level without delay in the spirit of the Defendant, and (ii) was highly intelligent at the time of 2012, according to the mental appraisal result received by the Medical Care and Custody Center in relation to the Seoul High Court Decision 2012No. 541, Seoul High Court Decision 201; and (iii) the process, means, etc. of the instant crime were in a state where the Defendant had the ability to discern things or make decisions due to the mental delay at the time of committing the instant crime.
I seem to appear.
Therefore, the defendant's assertion pointing this out is justified.
3. In conclusion, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is ruled as follows through pleading.
【Re-Appellant】