A. Defendant 1) At the time of committing the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions due to the following: (a) the mixed uneasiness, depression, shock disorder, and shock disorder; and (b) the Defendant was

2) The sentence of the lower court’s improper sentencing (two years and two months in prison) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. The phenomenon where a person commits a crime because he/she was unable to suppress his/her impulse with regard to his/her mental disorder is likely to be found even to the normal person, and barring any special circumstance, it cannot be deemed that he/she requires a person who has such character defect to control his/her impulse and to take measures that cannot be expected to comply with the law, barring any special circumstance, and thus, the defect of nature, such as shock disorder, in principle, does not constitute a mental disorder, which is a reason for the reduction or exemption of punishment.

However, even if a defect of the same nature as a shock disorder is so serious that it can be evaluated to be equal to a person with mental disorder within its original meaning, the crime resulting therefrom shall be deemed a crime resulting from mental or physical disorder (see Supreme Court Decision 2010Do14512, Feb. 10, 201). According to the records in this case, it is recognized that the Defendant has been treated for a long period of drug and interview due to mixed apprehension and depression, and symptoms of shock disorder before committing the instant crime.

However, according to the evidence duly adopted and examined by the court below, the defendant was found to have committed the crime of deceiving or deceiving the insurance money by pretending that it was an accident that occurred after causing a planned accident only for vehicles violating the traffic laws and regulations. In light of the form, means, etc. of such crime, the symptoms such as shock control, apprehension, and depression are very high at the time of the crime of this case.