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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
A. Defendant 1) In relation to the crime of deprivation of a structure under paragraph (2) of the crime of mental illness as stated in the judgment of the court below, the defendant was in a state of mental illness where the defendant has reduced the ability to discern things or the ability to control the act accordingly due to mental illness, such as the symptoms of a state of a state of a state of a mental disorder. Nevertheless, the court below’s failure to reduce mental disorder to the defendant in relation to the crime of Paragraph (2) above is unreasonable. 2) The sentence of unfair sentencing (one year
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
Judgment
A. Determination on the Defendant’s mental disorder as provided in Article 10 of the Criminal Act requires that mental disorder, other than mental disorder such as mental illness or abnormal mental condition, is lacking or reduced in the ability to discern things due to such mental disorder. Thus, even though a person with mental disorder is a person with normal mental disability at the time of committing the crime, if he/she had the ability to discern things and control behavior at the time of committing the crime, he/she cannot be deemed a mental disorder (see, e.g., Supreme Court Decision 2012Do12689, Jan. 24, 2013). 2) In light of the above legal principles, the instant case cannot be deemed a mental disorder, based on the motive and method of committing the crime as provided in paragraph (2) of the crime committed by the lower court, the Defendant’s attitude before and after committing the crime, and the statement and attitude of the Defendant within three hours after the Defendant was arrested as the flagrant offender of the crime in this case, the Defendant’s ability to make a decision with the intent or authority to control action.
Therefore, the court below deemed that the defendant was in a state of mental disability at the time of the crime.