특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal by the defendant;
A. A. Since the Defendant was suffering from brain damage caused by pulmonary tuberculosis germs in around 2003 and became a second degree disabled person, he was under pharmacologic treatment until now. The judgment and control ability have been significantly diminished after the outbreak, and in particular, when the alcohol is withdrawn, he shall not be subject to the Defendant’s intentional behavior.
Since 2005, the theft act of the defendant started from around 2005 was affected by the degradation of such mental function, and further, the defendant was in a state of being taken by the defendant at the time of committing the crime in this case, and the defendant committed each of the crimes in this case
B. The sentence of the judgment of the court below on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination on the grounds for appeal
A. According to the records on the determination of the claim of mental retardation, the defendant suffered treatment by suffering cerebral conditions due to the complication of tuberculosis infection around 2003. The fact that there was a disorder in recognition function due to the post-treatment, the fact that the defendant was registered as a disabled person of class 2 of the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Ma, and the fact that part of the
However, in light of the method and motive of each of the crimes in this case, each of the crimes in this case, and the defendant's speech and behavior at police, it is not recognized that the defendant committed each of the crimes in this case under the lack of the defendant's ability to discern things or make decisions. Thus, the defendant's mental and physical disorder argument is without merit
B. The instant crime falls under Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 342 of the Criminal Act and its statutory penalty is imprisonment with labor for life or for not less than three years.
Therefore, the punishment of 1 year and 6 months sentenced by the court below is the maximum amount of punishment imposed by discretionary mitigation in the instant case without any legal grounds for mitigation, and the Defendant committed the instant crime during the period of repeated crime.