야간주거침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental or physical disability or mental disability due to impulse disorder, network disorder, etc.
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. According to the evidence duly adopted and examined in the lower court’s determination on the assertion of mental and physical disorder, it can be recognized that the Defendant suffers from shock disorder and network disorder, and in full view of the motive and background of each of the crimes of this case, the Defendant’s behavior and speech at the court of the first instance, etc., it is recognized that the Defendant had weak ability to discern things or make decisions due to shock disorder and network disorder at the time of each of the crimes of this case.
In the court below which did not reduce mental disorder, the court below erred by misunderstanding facts concerning mental disorder.
3. Accordingly, the defendant's argument of mental disability is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are as follows, except for the addition of "the defendant has committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to impulse disorder, network disorder, etc." after the criminal records of the judgment of the court below, and therefore, it is identical to the corresponding column of the judgment of the court below. Therefore, it is accepted in accordance with Article 369 of the Criminal
Application of Statutes
1. Article 330 of the Criminal Act, Article 319(1) of the Criminal Act (the occupation of larceny at night), Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the occupation of failure to take measures after destroying and damaging property) concerning criminal facts.