절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The Defendant with mental and physical disorder of the grounds for appeal was under the influence of alcohol at the time of committing the instant crime.
The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.
Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to imprisonment with prison labor for 8 months at night in the Seoul Northern District Court on July 21, 2017, and on July 29, 2017, it can be recognized that the judgment became final and conclusive on July 29, 2017. As such, in relation to the crime of larceny of night structures, larceny of intrusion upon a structure at night, and intrusion upon residence, the crime of larceny of this case, etc., in which the judgment became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt the punishment in consideration of equity and cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and in this respect, the judgment of the lower court is no longer upheld.
However, although the judgment of the court below has the above reasons for reversal of authority, the defendant's mental and physical disorder still is subject to the judgment of the court, and this is examined below.
According to the evidence duly adopted and examined by the court below regarding the defendant's mental disorder argument, it is found that the defendant had a drinking condition at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime of this case, and the circumstances after the crime of this case, the court below had no or weak ability to discern things or make decisions.
Therefore, we cannot accept the defendant's above assertion.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed.