성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant with mental disorder was in the state of mental disability due to the mental disorder at the time of each of the instant crimes by taking the head of a traffic accident in the third year of the instant high school, which was the previous high school, and was in the state of mental disability at the time of the instant crimes.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
3. Determination
A. The Defendant asserts that the determination of the Defendant’s mental disorder ought to be based on the mental and physical disorder following the procedure, such as mental appraisal, in a trial.
The mental disorder stipulated in Article 10 of the Criminal Act refers to a person with mental disorder, other than a mental disorder such as mental disorder or abnormal mental state due to biological factors, which lacks or reduces the ability to discern things from mental disorder and the ability to control action accordingly. Thus, even if a person with mental disorder was a person with normal mental disorder at the time of committing the crime, it cannot be deemed a mental disorder unless he/she had normal ability to discern things or control action.
(2) In light of the above legal principles, the court below did not err by misapprehending the legal principles as to whether the defendant was in a state of mental disorder at the time of committing the crime, since the defendant was in a state of mental disorder at the time of committing the crime. Thus, the court below's determination that the defendant was not in a state of mental disorder is not in a state of mental disorder. Thus, the court below's determination that the defendant was not in a state of mental disorder cannot be said to be erroneous.
(See Supreme Court Decision 93Do2701 delivered on December 7, 1993, etc.). On September 1, 1995, the Defendant, due to a traffic accident on September 1, 1995, led to the decline in recognition function to I Q Q 59 and caused a mental retardation disorder to Grade III, and led to an efficial tendency, such as physical symptoms related to tension or apprehensions, a hostile or suspicion, etc.