특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to brain damage.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, the Defendant was suffering from brain cerebriforms, such as a chronic personality disorder, etc. due to a traffic accident that occurred in around 1995, and was deemed to have caused repeated larceny due to the shock disorder, and the Defendant was in the state of lacking ability to discern things or make decisions at the time of committing the instant crime.
Since this part of the defendant's argument is reasonable.
3. If so, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and the summary of the evidence acknowledged by this court are as follows: (a) except that the Defendant adds “in a state where the Defendant is unable to discern things or make decisions due to climatic personality disorders” to the first head of the facts constituting a crime of the lower judgment, the Defendant cited the same as the stated in each corresponding column of the lower judgment; and (b) accordingly, it is in accordance with Article 369
Application of Statutes
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 329 of the Criminal Act (abstinence of residence and choice of imprisonment) and Article 319 (1) of the Criminal Act (abstinence of residence and choice of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Statutory mitigation under Articles 10 (2) and 55 (1) 3 of the Criminal Act (the reduction of mental and physical weakness);
1. The Defendant, on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, has recognized and reflected the instant crime, and the victim has agreed.