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Reasons
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(영문) 광주고등법원 2010.12.23 2010노511
특정범죄가중처벌등에관한법률위반(절도)
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, at the time of committing the crime in the judgment of the court below, lacks the ability to discern things or make decisions due to mental retardation or shock disorder at the time of committing the crime, the court below determined that the Defendant committed the above crime under normal conditions.

B. In light of the fact that the defendant alleged unfair sentencing is against the defendant, the sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The judgment of this Court

A. According to the record of judgment on the claim of mental disability, the defendant was treated five times between December 8, 2006 and April 13, 2007 by the X hospital located in Abaco-dong and received treatment due to non-explosion, etc., and the fact that the defendant received treatment with mental disorder is recognized in the instant case by being confined to prison.

However, according to the statement of the mental appraisal report against the defendant Y of the Medical Treatment and Custody Center, the defendant is able to be aware of his/her consciousness, the defendant's ability to be aware of his/her person, place, and time, and the accident is simple, empty, lack of flexibility, and there is no mental disorder, and the mental disorder is not visible and the judgment ability is not lowered, and the defendant does not abuse or depend on alcohol, and the crime in this case appears as a habitive wall with monetary purpose.

If the above facts are found to have led to a crime, the means and methods of the crime, and the circumstances after the crime, etc., the defendant's assertion of mental disability of the defendant cannot be accepted, since it does not seem that the defendant lacks the ability to discern things or make decisions due to mental disorder at the time of committing the crime as stated in the judgment of the court below.

B. The Defendant’s crime of determining unfair sentencing is a specific crime.

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