특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of the court below (three years and six months of imprisonment) is too unreasonable.
2. According to the written mental appraisal of the Defendant of the Medical Treatment and Custody complaint prepared by the request of the court of the trial on the grounds of appeal ex officio prior to the judgment on the grounds of appeal by the Defendant’s ex officio, the Defendant constitutes a patient with a minor mental disorder who shows symptoms, such as intelligence, impulse adjustment, degradation of judgment ability, etc., and thereby, can be acknowledged that the Defendant had the weak ability to discern things or make decisions at the time of committing the instant crime.
Nevertheless, the judgment of the court below that the defendant committed the crime of this case in a normal mental state is erroneous, or there is an error of law by misunderstanding the facts or misunderstanding the legal principles on mental and physical disability, so the judgment of the court below
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The facts constituting a crime acknowledged by this court are as stated in the corresponding column of the judgment below, except for adding "in a state where the defendant lacks the ability or decision-making ability to discern things with the spirit of light that shows symptoms, such as intelligence, shocking, lowering the impulse, lowering the ability to judge, etc.," of the judgment of the court below Nos. 4, 20, and 369 of the Criminal Procedure Act. Therefore, it is cited pursuant to Article 369 of the Criminal Procedure Act.
Summary of Evidence
The summary of the evidence recognized by this court is the same as the corresponding column of the judgment of the court below, in addition to adding the "statement of a mental appraisal statement prepared by the director of the medical treatment and custody office", and it shall be quoted under Article 369
Application of Statutes
1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.