재물손괴등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder or mental disorder due to mental illness and alcohol, such as a stimulative disorder, which was previously suffering from the disease at the time of the instant crime.
B. The sentence of unfair sentencing (eight months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. According to the documents submitted by the Defendant regarding the allegation of mental or physical disability or mental disability, the Defendant is found to have been diagnosed as a detailed and unexplosion disorder from May 14, 2010 to March 15, 201 and received two-time hospitalization treatment at the Yongsan Mental Hospital in Seoul Special Metropolitan City.
However, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court: (a) the Defendant appears to have taken drugs without being hospitalized at the hospital after March 201, without being treated; and (b) even according to the Defendant’s statement, the Defendant was able to live a normal life to the extent that the Defendant would have been able to perform his/her duties in marina, etc. when taking drugs. Even according to the Defendant’s statement, the Defendant was not able to take drugs due to an annual meeting from 2-3 days to 3 days before the commission of the instant crime; (b) the Defendant did not take drugs due to a group, a group, a group, and a group of single-parents, and eventually prevented the instant crime; and (c) in light of the circumstances leading up to the instant crime; (d) the Defendant’s method and method of the crime; and (e) the Defendant’s act before and after the commission of the crime; and (e) the Defendant did not have the ability to discern things or make decisions due to mental illness or alcohol at the time of the instant crime.
It does not seem to be in a state or weak.
Even if the defendant was in a state of mental disorder at the time of the crime of this case, according to the defendant's investigative agency and the statement in court, the symptoms of mental illness has deteriorated when the defendant discontinued the use of drugs.