강도상해등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The defendant's crime of this case was committed in a state of mental disorder or mental disability.
B. Unreasonable sentencing: The sentence of the lower court is excessively unreasonable.
2. Determination
A. According to the record as to the assertion of mental disorder, the defendant may be found to have been diagnosed of alcohol abuse, non-military personality disorder, and intellectual functions at a boundary level. However, on the other hand, the Medical Treatment and Custody Center head and the AI hospital head of the Ansan Medical Foundation are not in a state of mental disorder or mental disorder at the time of each of the crimes of this case, and it is difficult to judge whether the defendant was in a state of mental disorder or mental disorder at the time of each of the crimes of this case, and the judgment subject to a retrial (Seoul High Court Decision 2012Da186, Feb. 15, 2013) or the judgment of appellate court on the judgment (Sacheon High Court Decision 2013No65, Jul. 3, 2013) and the judgment of the appellate court (Supreme Court Decision 2013Do8458, Sept. 12, 2013) were in a state of mental disorder at the time of each of the crimes of this case.
It cannot be seen as having reached a state of or weakness.
The defendant's mental disorder is without merit.
B. According to the record on the assertion of unfair sentencing, the Defendant had a previous criminal record of robbery and injury by robbery on December 24, 201, which was within three years from the date of each of the instant crimes, as stated in the first head of the judgment below, which completed the execution of punishment on December 24, 201. As such, the statutory penalty of the crime of robbery and injury by robbery (a life imprisonment or imprisonment with labor for not less than seven years and not more than thirty years) among each of the instant crimes is aggravated twice pursuant to Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes, and then half the sentence is mitigated pursuant to Articles 53 and