특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal: misunderstanding of facts, mental disability, and unreasonable sentencing;
A. Of the misunderstanding of facts-finding 2019Da333 cases, part of the AR entertainment bars No. 20-22 No. 20-22 in [Attachment 1] as indicated in the lower judgment, and the AK entertainment bars No. 28-31 in [Attachment 1] as indicated in the lower judgment, each entertainment tavern proprietor claims an excessive amount of alcoholic beverage payment by using the Defendant’s intellectual disorder and the state of exploitation.
B. The Defendant has a intellectual disability in the latitude and longitude and has a intellectual level that is difficult to accurately understand social norms due to the age of 10 and 2 months, and it is not easy to coordinate with others.
Therefore, each of the crimes in this case is a crime committed in a state of mental disorder.
C. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. The Defendant had the same assertion as the above reasons for appeal even in the court below's determination of mistake of fact, and the court below rejected all the above arguments by clearly explaining the Defendant's assertion and its decision in the judgment.
A thorough examination of the judgment of the court below in comparison with evidential materials, it is difficult to recognize that entertainment drinking house owners have claimed excessive amount of alcoholic beverages by using the defendant's deceptive condition or intellectual impairment, and there is no violation of law that affected the conclusion of the judgment by misunderstanding facts as argued by the defendant
Therefore, the defendant's assertion of mistake cannot be accepted.
B. According to the evidence duly adopted and examined by the court below regarding the claim of mental disability, the fact that the defendant was judged as a Grade 3 intellectual disability, the fact that the defendant was reduced for mental disability on the ground of the above intellectual disability in the past in the previous case, and the fact that the whole intelligence of the defendant in the court of the court of the original instance belongs to the level of I Q 50 level of "sautical disability
However, the result of the above mental appraisal is also "cadastral ability."