특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 had mental and physical weakness at the time of committing the instant crime due to symptoms such as fear of social adaptation.
2) The lower court’s improper sentencing is too unreasonable.
B. The lower court’s sentencing is too uncomfortable.
2. Determination
A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.
In the first instance trial, the prosecutor applied for the amendment of an indictment to add the crimes in the annexed list Nos. 11 and 12, which are acknowledged under the facts charged against the defendant, and this court permitted this to change the subject of the trial, and this part shall be sentenced to a single sentence in the relation of the remaining crimes and the crimes that are all together with the facts charged by the court below. Thus, the judgment of the court below shall no longer be maintained.
Although there is a ground for ex officio reversal, the argument of the above mental and physical weakness by the defendant is still subject to the judgment of this court, and this is to be examined.
B. In light of all the circumstances revealed in the pleadings of the instant case, such as the circumstance leading up to the instant crime, the Defendant’s act before and after the instant crime, and the Defendant stated in the court of the lower court that “no mental or physical treatment or diagnosis has been made due to symptoms such as damage, etc.,” the Defendant had weak ability to discern things or make decisions due to symptoms such as fear of fear of social adaptation at the time of the instant crime, as alleged therein.
Therefore, the defendant's above assertion is without merit.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal of authority. The judgment of the court below is reversed, and it is again remanded after pleading.