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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the Defendant case) The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”)
A) At the time of the instant crime, mental illness and drinking were in a state of mental disorder. 2) The sentence imposed by the lower court on the Defendant (one year of imprisonment and ten years of notice of disclosure of personal information) is unfairly hot.
B. The part of the case where the attachment order is applied is considerably heavy for the period of 10 years of attachment of an electronic tracking device sentenced by the court below to the defendant.
2. Determination
A. As to the Defendant’s claim of mental disability as stipulated in Article 10 of the Criminal Act, the mental disorder as stipulated under the provision of Article 10 of the Criminal Act refers to not only mental disorder such as mental illness or abnormal mental condition, but also mental disorder such as mental disorder lacks or decrease in the ability to discern things or control action accordingly. Thus, even if a person with mental disorder is a person with normal mental disorder at the time of committing the crime, it cannot be deemed as a mental disorder.
Moreover, barring any special circumstance, it cannot be deemed that a person with a mental disorder requires an act that is not expected to restrain his/her impulse and to require compliance with the law. Thus, even if there is a mental disorder, such circumstance alone cannot be deemed to constitute a mental disorder, which is the reason for the reduction or exemption of punishment. However, there is room to recognize mental disorder in cases where the symptoms are so serious that the mental disorder can be evaluated as equal to the person with the original mental disorder, or where there exists a concurrence with other mental disorder. In such cases, the recognition of mental disorder shall be determined independently by taking into account the degree and contents of the mental disorder, motive and reason for the crime, motive and reason for the crime, the act of the defendant before and after the crime, the conduct of the defendant before and after the crime, the existence and degree of memory of the crime and the situation