도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of mental disorder or mental disability.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. As to the assertion of mental disorder as stipulated in Article 10 of the Criminal Act, the mental disorder as stipulated in Article 10 of the Criminal Act requires not only mental disorder such as mental illness or abnormal mental condition, but also mental disorder such as mental disorder lacks or decrease in the ability to discern things and control action accordingly. Thus, even if a person with mental disorder is a person with a normal mental disorder at the time of committing the crime, the mental disorder shall not be deemed to be a mental disorder
In addition, barring any special circumstance, it cannot be deemed that a person with a mental defect requires an act that is not expected to restrain his/her impulse and to require compliance with the law. Thus, the mental disease indicating a character defect cannot be deemed as a mental disorder, which is the reason for reduction or exemption of punishment, solely on the ground that there is a mental disease indicating a character defect. However, there is room for recognizing mental disorder in the case where the symptoms are very serious, so that it can be evaluated as equal to the person with a mental disorder within the original meaning, or it
In such cases, whether to recognize mental or physical disorder may be independently determined by the court by taking into account the degree and contents of mental disorder, motive and cause of the crime, the background and means of the crime, the behavior of the defendant before and after the crime, the existence and degree of memory of the crime and the situation before and after the crime, the attitude in the investigation and the trial procedure, etc.
(See Supreme Court Decision 201Do12689 Decided January 24, 2013, and Supreme Court Decision 2006Do7900 Decided February 8, 2007, etc.). Comprehensively considering the evidence duly adopted and examined by the lower court and this court, the following circumstances revealed can be revealed, the Defendant is defective at the time of each of the instant crimes.