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(영문) 서울고등법원 2019.03.21 2018노3362
영리약취미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant did not recognize the fact that the Defendant was in a state of mental disorder due to depression, over-the-counter symptoms, etc. at the time of each of the instant crimes.

B. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the claim of mental disability as stipulated in Article 10 of the Criminal Act, mental disorder is a biological element, and it needs to be judged that there is a mental disorder, such as mental disorder or abnormal mental condition, other than mental disorder such as mental disorder, and such mental disorder has been lacking or reduced in the capacity to distinguish things, and accordingly, the mental disorder cannot be deemed to be a mental disorder, even if a person with mental disorder is a person with normal mental disorder or ability to control action at the time of committing the crime.

(See Supreme Court Decisions 92Do1425 delivered on August 18, 1992, 2006Do7900 delivered on February 8, 2007, etc.). The court below rejected the Defendant’s assertion that the Defendant had the same purport as the claim of mental disability. The court below determined that the Defendant had no ability to distinguish the right from the right at the time of each of the of the of the of the of the of the of the instant crimes or make decisions, considering the following facts: (a) it is recognized that the Defendant had been treated as a mental illness, such as depression, but the Defendant had been given medical treatment; (b) the Defendant had been influencing the victims for a long time; (c) the victim’s demand for repayment was re-fluence and defense; (d) the Defendant was presumed to have been replaced by the Defendant’s ability to change the right and decision-making capacity at the time of the crime; and (e) considering the process, method, method, and consequence of each of the instant crimes; and

The evidence adopted by the court below and the records of this case, and ① the defendant each of this case.

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