특정범죄가중처벌등에관한법률위반(절도)등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment with prison labor of one year and two months and by a fine of three hundred thousand won.
The defendant above.
1. Summary of grounds for appeal;
A. Although the Defendant was in a state of mental or physical loss or mental weakness due to neglect of treatment of mental illness at the time of each of the instant crimes, the lower court committed a mistake that the Defendant did not recognize such mental or physical disorder.
B. The punishment of the lower court (the first instance court: the imprisonment of one year and six months, the fine of three hundred thousand won, the second instance court: the imprisonment of one year and one year) is too unreasonable.
2. The Defendant appealed each appeal against the lower judgment, and the first instance court decided to hold a joint trial with each of the above appeals cases. Since each of the offenses in the judgment of the first instance and the offense in the judgment of the second instance in the judgment of the second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, if the judgment is rendered at the same time, a punishment shall be determined within the scope of aggravated concurrent offenses under Article 38(1) of the Criminal Act, and in this respect, the lower judgment cannot be maintained.
However, the defendant's argument about mental disorder still is subject to a trial at the time of the trial at the time of the trial at the time of the trial at different ports.
3. According to the evidence adopted and examined by the lower court and the materials submitted by the Defendant’s side to this court as to the Defendant’s assertion of mental disorder, the fact that the Defendant suffered from mental illness, such as depression and uneasiness after July 2010 is recognized.
However, in full view of all the circumstances such as the Defendant’s act before and after each of the instant crimes, it cannot be deemed that the Defendant was in a mental or physical state due to mental illness at the time of each of the instant crimes, based on the evidence adopted and examined by the lower court.
The defendant's argument about mental disorder shall not be accepted.
4. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, without further proceeding to decide on the Defendant’s unfair argument of sentencing.