특정범죄가중처벌등에관한법률위반(절도)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. The defendant of mental disorder committed a crime with mental disorder such as shock disorder at the time of committing the crime.
B. The sentence of unfair sentencing (three years of imprisonment) by the lower court is too unreasonable.
2. Judgment on the assertion of mental disorder
A. The following circumstances are acknowledged according to the evidence duly adopted and examined by the court below and the court below.
Around November 10, 1993, the Defendant has been receiving medical treatment and custody due to non-specific mental illness, etc., and has been receiving various mental treatment and treatment.
At around 2010, the defendant is found to have been in a mental state that falls under “non-classified mental disorder”, “a certificate of alcohol respect”, etc.
In addition, from April 23, 2012 to September 27, 2012, the Defendant complained of symptoms that there was a voice that “the Defendant would bring about money to go out of the National Hospital,” and that “the Defendant would bring money to go out of the National Hospital.”
In light of the fact that the defendant has received mental treatment, etc., it is judged that the previous symptoms of the defendant has not been salved.
In Seoul Central District Court Decision 2010Da451 decided August 20, 2010, the defendant was in a state of mental disability due to mental illness, etc. at the time of habitual larceny crime.
In full view of the motive, background, means and methods of the instant crime, and the circumstances before and after the instant crime, it is reasonable to deem that the Defendant had the weak ability to discern things or make decisions due to mental illness at the time of the instant crime.
B. Therefore, the defendant's assertion is justified.
3. Accordingly, the defendant's appeal is reasonable, and the part of the judgment of the court below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed without examining the argument of unfair sentencing.