특수강도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
excessive one sheet (No. 3) that has been seized shall be confiscated.
1. Summary of grounds for appeal;
A. The Defendant, having a intellectual disability, was unable to discern things or make decisions at the time of committing the instant crime.
B. The three-year sentence of imprisonment sentenced by the lower court is too unreasonable.
2. Determination on the grounds for appeal
A. The Defendant, even in the lower court, argued the same as this.
According to the medical certificate (Evidence No. 186 pages) of L mental health doctor M on February 24, 2020, the Defendant is recognized as having a certain intellectual disorder on the following grounds: (a) the Defendant is assessed as “total intelligence 47, middle class mental retardation, and social well-being examination; (b) social age 10; and (c) social index 34.57 as a result of the examination.”
However, in full view of the circumstances presented by the lower court and the meaning of the instant crime, such as the circumstance and situation at the time of the instant crime, the details of the crime, etc., and the statement that the Defendant thought the victim to have committed the crime, etc., and the Defendant’s statement and attitude in this court, it does not appear that the Defendant had weak ability to discern things or make decisions at the time of the instant crime due to the aforementioned intellectual disability.
Therefore, the defendant's argument of mental disability is not accepted.
B. The Defendant committed a special robbery under the same law and was sentenced to a suspended sentence of imprisonment, and was not later than three months since the judgment became final and conclusive, but again committed the instant crime. At night, the Defendant’s crime of forcibly taking cash by threatening the victim with a deadly weapon is not good, and the victim is punished for the Defendant.
However, the defendant confessions the crime of this case and reflects his mistake, even if the defendant is not a level of mental disability, there is a intellectual disability, and the amount of damage is relatively minor and minor as 122,00 won, and 35.