특정범죄가중처벌등에관한법률위반(절도)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.
B. Prosecutor 1) Inasmuch as there is a symptoms of impulse-a-competing disorder to the defendant, even if there is a symptoms of impulse-competing disability, it does not correspond to the level of judgment as to mental or physical disability. 2) The sentence imposed by the lower court of unreasonable sentencing is too un
2. Determination
A. According to the reasoning of the judgment below on the assertion of misapprehension of legal principles, the contents of the crime of this case, the defendant's behavior before and after the crime, and the base of each mental appraisal report, it is recognized that the defendant was in a state of lacking the ability to discern things or make decisions due to shock disorder at the time of the crime of this case (the court below, which was conducted by the citizen's participation trial, directly followed the whole process of fact-finding, such as interrogation of multiple witnesses and the defendant, and the jury directly followed the whole process of fact-finding, which was conducted by the court below, to recognize the defendant's mental health and physical disability). The judgment of the court below that the defendant was in a state of mental disability due to shock disorder at the time of
Therefore, prosecutor's above misapprehension of legal principles is without merit.
B. Examining the various sentencing conditions of the instant case on the assertion of unfair sentencing, the instant crime is deemed to have committed the instant crime at the time of the completion of the execution of the final sentence, in particular, at the time of the completion of the execution of the final sentence, and the nature of the relevant crime is insignificant.
However, while recognizing and opposing the defendant's mistake, the victim is not subject to punishment of the defendant, the defendant committed the crime of this case in a state of mental disability due to the shock disorder, the frequency of the crime is only one time, and the damage is extremely minor, and the defendant's damage is also extremely minor.