특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Mental and physical weakness: At the time of each of the crimes of this case, the Defendant was physically and mentally in a state of mental weakness due to the same character defect as that of the impulse adjustment disorder.
B. Sentencing: The sentence of the lower court (a punishment of four years, order to complete a sexual assault treatment program for 40 hours, order to disclose and notify personal information between five years, order to restrict employment between five years, etc.) is too unreasonable.
2. Determination
A. Reviewing the Defendant’s mental and physical weakness, the record reveals that: (a) the Defendant had already received a mental appraisal in the trial process of the Seoul Central District Court 2014 Gohap 603,1049 (Joint) case; (b) the Defendant had not discovered any unique mental and physical symptoms other than minor depression; and (c) the Defendant was presumed to have been able to distinguish things or make decisions at the time of the relevant crime (Evidence 1:295 pages); (b) the Defendant was sentenced to imprisonment for three years and six months in combination with other cases at the appellate court; and (c) the execution of the sentence was completed on November 12, 2017; and (d) the Defendant committed each of the instant crimes from February 7, 2018 to the instant case; (c) the Defendant appears to have not been able to have been able to suffer any mental disease, such as shocking the mental and physical weakness after the said mental diagnosis; and (d) the Defendant was able to have been able to suffer from one’s own during the time period of his work.
The statement (Evidence No. 112, 121, 122) and (4) The defendant's defense counsel has the victim C's wall that the defendant 3,80,000 won in cash, and the defendant returned to the above victim.
However, in fact, the defendant thrown away the above land A from the subway station toilet, and 3.5 million won out of the cash of 3.8 million won in the above land A, the defendant deposited it into his account, and the remainder of 300,000 won.