특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
1. Summary of grounds for appeal;
A. At the time of committing each of the instant crimes, the Defendant was in a heartly weak condition due to military shock during the period of cognism, impulse control disorder, and physiological impulse, etc.
B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for changes in the indictment of this case to "Habitual larceny" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 32 and 329 and 35 of the Criminal Act" and "Article 332 of the Criminal Act and Articles 329 and 35 of the Criminal Act". Since the court permitted this, the judgment of the court below is no longer maintained.
However, the defendant's argument about mental disorder is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
B. According to the result of the mental appraisal of the defendant in the judgment on the argument of mental disorder, the defendant can be recognized as having a disability, such as the current state of light disorder and a specific impossibility mental disorder, and the appraiser of the medical treatment and detention center present his opinion that the mental disorder similar to the present mental condition at the time of each of the crimes in this case based on the defendant's present mental state, etc., is presumed to have been presumed to have been in a state of mental disorder.
However, the existence of mental disorder under Article 10 of the Criminal Code is a legal issue to be determined by the court in light of the purpose of the punishment system. However, in its judgment, the result of the mental appraisal of the expert witness is an important reference material. However, the court is not bound by the opinion, but not only the result of such appraisal.