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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. An ex officio determination prosecutor: (a) applied for the amendment of a bill of amendment to the Criminal Act with regard to the name of the defendant as "Habitual larceny" in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and (b) the applicable provisions of the Act as "Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Articles 332 and 329 of the Criminal Act"; and (c) this court permitted the amendment; and (d) this part of the judgment of the court below should be sentenced to a single sentence in relation to the remaining criminal facts and concurrent crimes under the former part of Article 37 of the Criminal
However, the defendant's argument about mental disorder is still subject to the judgment of this court as the grounds for appeal, despite the above reasons for ex officio reversal.
2. Judgment on the grounds for appeal by the defendant
A. At the time of the instant crime, the Defendant was in a state of mental and physical disability due to acute addiction to alcohol.
B. Determination 1) Determination 1) In determining the existence and degree of mental disorder under Article 10 of the Criminal Act, the expert’s appraisal is not necessarily a need to depend on expert’s appraisal, but can be independently determined by the court by taking into account the relevant records, such as the background and means of the crime, the defendant’s act before and after the crime (see, e.g., Supreme Court Decision 97Do1142, Jul. 25, 1997) and the defendant’s legal attitude (see, e.g., Supreme Court Decision 97Do1142, Jul. 25, 1997). Meanwhile, Article 10(3) of the Criminal Act provides that an act of a person who predicted the occurrence of danger and caused a person’s mental disorder shall not be applicable to the act of a person who predicted the occurrence of danger and caused an intentional mental disorder. This provision includes not only an intentional act but also an act in the cause of negligence, and thus, it is subject