특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
The summary of the grounds for appeal lies in the injury of the Defendant who suffered from her on-site illness. At the time of the instant case, it was difficult for the Defendant to control her behavior by themselves due to the complex impact caused by both polar disorder and alcohol consumption. As such, the Defendant was in a state of lacking the ability to discern things or make decisions at the time.
The punishment of the court below (two years of imprisonment) which is unfair in sentencing is too unreasonable.
Judgment
The phenomenon where a person commits a crime because he/she was unable to suppress his/her impulse to judge whether he/she is guilty of mental or physical disorder is likely to be found even at all times. Barring special circumstances, it cannot be deemed that a person with such character defect requires acts that cannot be expected to restrain his/her impulse and to comply with the law, and thus, it is reasonable to deem, in principle, that the defect of nature, such as shock disorder, does not constitute a mental or physical disorder, which is a reason for reduction of punishment. However, even though shock disorder is like shock disorder, if it is very serious and it is deemed that it is equal to that of the person with mental disorder within its original meaning, the crime shall be deemed a crime resulting from mental or physical disorder (see Supreme Court Decision 2006Do5360, Oct. 13, 206). In light of the above legal principles, the court below presented the grounds for appeal at the court below, and the court below rejected the judgment as to the defendant's mental or physical disorder as alleged in the evidence evidence below.