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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant with mental disorder has a very weak intellectual ability compared to the normal person. The Defendant was in a state that he lacks intellectual ability to discern things or make decisions at the time of committing the instant crime.
B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was somewhat low in intellectual ability compared to normal persons, such as joining an elementary school as a special school as a special child. Meanwhile, in light of various circumstances such as the background of the crime of this case, the contents of the crime, the circumstances before and after the crime, the contents of the statement to the investigation agency, and the attitude of the statement in the investigation agency, etc. acknowledged by the above evidence, it is not deemed that the defendant did not have reached a state where the defendant's ability to discern things or make decisions due to low intellectual ability at the time of
B. In light of the circumstances alleged by the Defendant as the grounds for appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant as the grounds for appeal.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
[However, Article 347 (1) and Article 30 of the Criminal Procedure Act shall be amended in accordance with Article 25 of the Rules on Criminal Procedure, which reads "the pertinent Article of the facts of crime" as "the pertinent Article of the facts of crime and the choice of punishment", and Article 347 (1) and Article 30 of the Criminal Act shall be amended as "Article 347 (1) and Article 30 of the Criminal Act and the choice of imprisonment".