특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. The criminal defendant committed each of the crimes in this case under the state that the mental patient lacks the ability to discern things or make decisions due to mental illness.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for changes in the bill of amendment to the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual thief", "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes", and "Article 329 of the Criminal Act" as "Articles 332 and 329 of the Criminal Act", and since this court's permission changes the subject of the judgment, the judgment of the court below is no longer maintained.
B. However, the defendant's assertion of mental disability is still subject to the judgment of this court. Thus, we examine whether the defendant was in a state of mental disability at the time of each of the crimes in this case.
According to the records, even though the defendant was found to have suffered from mental illness such as uneasiness disorder at the time of the crime of this case, in light of the process, method and method of the crime of this case, and the defendant's behavior before and after the crime of this case, it does not seem that the defendant had the weak ability to discern things or make decisions due to mental illness at the time of the crime of this case. Thus, this part of the defendant'
3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.
[Separate Judgment] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence fall under each of the judgments of the court below.