정보통신망이용촉진및정보보호등에관한법률위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal is that, at the time of committing the instant crime, the Defendant was in a state of mental disorder or mental retardation, due to the depression and the network disorder, etc.
2. Determination:
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, ① the Defendant suffered from violence and cooling violence from his father at the time of coming up, and was suffering from mental pain due to bullying during his school Chang-si, and this year from August 22, 2005
9.5. Until November 16, 2010, the Defendant was hospitalized in the Seoul Special Metropolitan City I Hospital and received a mental treatment; ② The Defendant was sexually abused from a male who is not aware of infest female toilets on the new wall on March 6, 2010 and was forcibly taken money and valuables. However, the Defendant was subject to pharmacologic treatment at the J Hospital for about four months from November 16, 201 to September 19, 201. < Amended by Act No. 11037, Sep. 19, 2011>
9. Until September 29, 200, the Defendant was hospitalized again at the I Hospital in Seoul Special Metropolitan City, and ③ the Defendant continued to be in a very unstable state with abnormal telephone, advertising telephone, and printed books, text, etc. from those who cannot identify the instant crime, taking into account the fact that the Defendant was subject to drug treatment at K Hospital due to symptoms of yellow disorder around August 2012, and around July 2013, it is reasonable to deem that the Defendant committed the instant crime under the condition that the Defendant was in the absence of the ability to discern things or make decisions, by combining yellow disorder, net disorder, etc.
Therefore, the judgment of the court below that judged differently can no longer be maintained.
B. Furthermore, the Defendant alleged that he was disqualified from the ability to discern things or make decisions at the time of committing the instant crime. However, in light of the mode and method of the instant crime, the Defendant’s speech and behavior at the time, etc., the Defendant will change things or make decisions.