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(영문) 대구고등법원 2013.12.05 2013노506
강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (as to the first crime as indicated in the judgment of the lower court), on October 23, 2013, the Defendant withdrawn an appeal against the second crime as indicated in the judgment of the lower court. A.

The defendant with mental disorder is a third grade intellectual person with only 51 intellectual disability, and the defendant was in a state of having the ability to discern things or make decisions due to drinking and the symptoms of mental disorder under the influence of alcohol at the time of crime. Thus, the judgment below which did not recognize it is erroneous in the judgment of the court below which affected the conclusion of the judgment by misunderstanding the facts concerning mental disorder.

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

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, the Defendant was treated by the following reasons: (a) prior to the instant crime, the Defendant was suffering from intellectual disability, impulse adjustment, and emotional disorder; and (b) the fact that the Defendant was in a state of drinking alcohol to a certain extent at the time of the instant crime is recognized.

However, according to the written mental appraisal of the defendant prepared by the Medical Treatment and Custody Director, although the defendant was one of the best way to control the same sex at the time of committing the crime in this case, it was judged that the defendant did not have a significant impact on the ability to discern things and make decisions. Furthermore, in full view of the circumstances such as the background leading to the crime in this case, the method and method of the crime in this case, the defendant's behavior before and after the crime in this case, and the circumstances after the crime in this case, it was determined that the defendant did not have a weak state of ability to discern things or make decisions due to mental disorder of drinking and intellectual disability at the time of committing the crime in this case.

The judgment of the court below is correct if the court below does not recognize the mental and physical disorder of the defendant, and there is no error of mistake in the judgment below

Therefore, this part of the defendant's argument is without merit.

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