절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (e.g., mental disability and unreasonable sentencing) committed from May 7, 2019 to May 27, 2019 has been under a state of mental disability.
The amount of punishment (two years and six months of imprisonment) determined is unreasonable.
2. Determination
A. A. A judgment on the claim of mental disability is merely a cause for voluntary mitigation, even if the defendant committed a crime under the lack of the ability to discern things or make decisions, even though he/she committed the crime.
(Article 10(2). Even if the court below did not reduce the punishment on the ground of mental or physical disability, it did not err in violation of the Act on the Reduction of Mental or Physical Disability, which affected the judgment.
B. The sentence imposed by the lower court on the assertion of unfair sentencing is within the scope of recommended punishment (at least six months of imprisonment) under the attached sentencing guidelines.
The punishment was determined in consideration of the nature of the crime, criminal records, etc. while considering the defendant's alternative reflection, partial agreements, or the sentencing factors favorable to the defendant.
The Defendant recognized all crimes in the appellate trial, and agreed with some victims (BJ, BN, and B).
The symptoms of stimulative disorder are likely to affect the crime.
In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 314(1) of the Criminal Act regarding criminal facts, each of the choice of punishment (Interference with business, choice of imprisonment), Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Specialized Credit Finance Business Act, and Article 70(1)3 of the Specialized Credit Finance Business Act are stolen and lost.