특정범죄가중처벌등에관한법률위반(절도)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. Each of the instant crimes committed by the Defendant by misapprehending the legal principles is committed in a state that, due to a mental disorder, the mental disorder, the Defendant was unable to discern things or make decisions.
Nevertheless, the judgment of the court below which did not recognize the defendant is erroneous in the misapprehension of legal principles.
B. Each sentence of the lower court (the 2 years of imprisonment with prison labor for the first instance judgment, and the 2 months of imprisonment with prison labor for the second instance judgment) against an unfair defendant is too unreasonable.
2. Determination
A. Before determining on the grounds for ex officio appeal, two appeals cases were joined in the health department and the trial court, and each of the offenses of the first instance judgment and the second instance judgment against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, each of the above judgment below cannot be maintained.
However, the defendant's argument of misunderstanding the legal principles still needs to be examined below.
B. We examine the argument of misapprehension of the legal principles, even though the defendant is deemed to have a Grade 1 intellectual disability, this case is deemed to have committed a crime under the influence of changing things or losing or lacking capacity to make a decision, and upon examining the circumstances and patterns of the crime, circumstances at the time of arrest, the statement made by an investigative agency, etc., the defendant was aware of the meaning of stealing another's card and the degree of the settlement of the card, and it is difficult to view that the defendant committed a crime under the influence of changing things or losing or lacking capacity to make a decision.
Therefore, the defendant's above assertion is rejected.
3. Accordingly, the judgment of the court below on the ground that there is a ground for ex officio reversal as above, Article 364 (2) of the Criminal Procedure Act.