중존속감금치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
A candidate for medical treatment and custody shall be punished by medical treatment and custody.
1. Summary of grounds for appeal: Mental and physical disability and unreasonable sentencing;
A. The lower court did not recognize mental or physical disability even though the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) did not recognize mental or physical disability in the instant case, even though they did not have the ability to discern things or make decisions under the influence of alcohol dependence due to alcohol dependence at the time of the instant case.
B. The sentence of the lower court on the Defendant of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination: In full view of all the circumstances, such as the situation, circumstance, and progress of the instant crime, known by the evidence of the adoption, the lower court, as to the claim of mental disability, found the Defendant’s drinking at the time of committing the crime, but thereby lost the ability to discern things or make decisions.
It was determined that such ability does not seem to have reached a weak state.
However, according to the evidence adopted by the lower court, it is recognized that the Defendant was hospitalized and hospitalized under the name of medical person from March 19, 2012 to September 18, 2012 (F10.2) with alcohol dependence; and that the Defendant was hospitalized again from November 8, 2012 to May 7, 2013.
In addition, according to the statement on the defendant of the Medical Treatment and Custody Director prepared by the Mental Appraisal Commission for the trial of the party, the defendant is presumed to have been in a state of mental disorder with the ability to distinguish things, such as temporary instability due to the harmful happiness of alcohol at the time of the instant case, reality-finding disorder, impairment of impulse control ability, degradation of memory, etc.
In addition, comprehensively taking account of the various circumstances such as the motive, background, means and attitudes of each of the instant crimes indicated in the record, and the Defendant’s behavior after the crime, etc., things may be given due to alcohol use disorder at each of the instant cases.