beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to shock disorder.
B. The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mental disorder
A. The judgment of the court below also has the same assertion in the court below, but the court below rejected the defendant's assertion on the grounds that the defendant's shock disorder is very serious and it cannot be seen as having reached the extent that it can be evaluated as equal to the person with mental disorder within the original meaning, in full view of the background, means and methods of the crime committed by the evidence adopted by the court below, and the behavior and mental appraisal before and after the crime.
B. We agree with the above circumstances cited by the lower court in determining whether to conduct a party deliberation, and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the appraiser belonging to the treatment and custody center, appears to be in a relatively normal range as a result of the Defendant’s mental appraisal of the Defendant.
In light of the fact that: (a) the Defendant expressed his opinion; (b) the Defendant appeared to have committed the instant crime in detail to prevent the occurrence of the crime immediately before the instant crime; (c) the Defendant did not seem to have committed each of the instant crimes under the lack of decision-making capacity due to his failure to restrain the impulses against theft; and (c) the Defendant was diagnosed by U.S. medical doctor of T mental health department on March 20, 2018 and received drug and counseling treatment under the name of “ military register hydism”, but the period is relatively short; and there is no evidence to acknowledge the fact that the Defendant received medical treatment due to mental illness, such as shock disorder, etc., at the time of the instant crime.