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(영문) 서울고등법원 (춘천) 2019.09.04 2019노97
일반물건방화등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than nine months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical disability due to the suppression, bipolar disorder, etc.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. In full view of the lower court’s determination of the Defendant’s mental and physical assertion and the following circumstances revealed by the evidence adopted and examined by this court, it is reasonable to view that the Defendant had the weak ability to discern things or make decisions at the time of each of the instant crimes.

(1) The Defendant, without permission, was hospitalized in a P Hospital from February 23, 2019 to March 4, 2019, by committing an act, such as intending to enter a brigade, intending to capture a police officer, and seeing sexual intercourse at a public place.

On July 25, 2019, the above hospital doctor presented to this court a reply to the fact-finding that “the defendant appears to be somewhat weak in the ability to make decisions at the time of his/her application. At the time of his/her discharge, confusions have been mitigated and communication could have been possible at the time of his/her hospitalization, but it was a situation in which mental and opportunection was required due to the continuation of somewhat unstable sentiments. If the defendant does not properly use the medicine, he/she may have a sense and behavioral disorder caused by a bipolar disorder accompanied by the symptoms of mental disorder.”

② After the discharge from a P Hospital, the Defendant received outpatient treatment from the department of Q mental health until March 20, 2019.

On March 8, 2019, the doctor of the above hospital diagnosed the defendant as a editing colon, and on August 12, 2019, this court determined that "if the defendant does not take the drug, he/she will show symptoms, such as crypology, editing network, influence, apprehension, depression, shock, and shock, and thereby, he/she will have the ability to distinguish things and make decisions so that he/she will have shown dynamic behavior."

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