A case where it is recognized that a person was in a state of mental disability with respect to the crime of saved saves of military register

When a thief has been committed for more than three years, he/she was able to carry another person's things with his/her behavior and tension that would not want to steals, once stolen and stolen, and showing the evidence of so-called military wall wall that would see him/her that he/she can see that at the time of the crime of this case, he/she was in a state of mental and physical disability at that time, if he/she went to commit a crime with a shock that would not suppress the damage, even at the time of the crime of this case.

Article 10 of the Criminal Act

Defendant

A defendant shall be punished by imprisonment for not more than ten months.

The number of days under detention prior to the rendering of judgment shall be 180 days included in the above sentence.

On October 7, 1982, the defendant was suspended from indictment for larceny at the Busan District Public Prosecutor's Office, and on December 8, 1988, the defendant was sentenced to the suspension of the execution of punishment for larceny in the Busan District Public Prosecutor's Office for 10 months. On April 29, 1983, the defendant again was sentenced to the suspension of the execution of punishment for the same crime in the same court on April 29, 1983, and was sentenced to the suspension of the execution of punishment for 10 months as well as in the Busan Public Prosecutor's Office for 10 months. On September 20, 1984, the defendant was habitually sentenced to the suspension of the execution of punishment for 14:0 on May 23, 1985.

In the facts of the judgment, other than the previous convictions, records, and habitual records of the first head of the judgment

1. Entry of the accused in the first protocol of trial consistent with it;

1. The second interrogation protocol of the defendant in the prosecutor's protocol and the statement of the non-indicted 1 on each corresponding statement

1. The statement of the victim in the preparation of a judicial police assistant may be recognized in full view of the statements corresponding thereto; and

The findings of the previous records and records of the ruling:

1. Statements consistent with the accused in the first protocol of trial;

1. References to criminal records of the accused prepared by the head of Busan Coast Guard Station;

1. The Prosecutor’s Office may recognize it by means of statements, etc. corresponding to the report from the results of confirmation of the previous conviction of Nonindicted Party 2’s disposition; and

Although the defendant has a number of criminal records and past records of larceny in the judgment, the defendant can be found to have a habit of the crime in light of the fact that he was sentenced to the punishment of the last criminal records and the means and methods of the crime in this case within a short period of time after he was sentenced to the punishment of the last criminal records, and the facts of the judgment are proved.

The defense counsel asserts that the defendant was in a state of mental disorder at the time of committing the crime of this case. In full view of the defendant's statements in the court of non-indicted 3, the defendant's statements in the first trial records, the second trial records, the non-indicted 4's statements in the second trial records, and the mental appraisal statement in the non-indicted 5's preparation of appraiser non-indicted 5, etc., the defendant is unable to carry the other's articles if he was in a monthly and around 1982, and the shock and tension with the other's tension that would not want to take away the other's articles, once they were stolen, stolen, stolen, and stolen, and even after tension, the defendant had been punished for larceny over several times, and the defendant cannot be found to have the ability to report the above articles in the market that had been purchased at the time of committing the crime of this case to the extent that it could not be recognized as having any mental and physical disorder or ability to control the defendant's behavior at the time of the crime of this case.

The act of the judgment falls under Articles 5-4(1), 342 and 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 35 of the Criminal Act, and Article 35 of the Criminal Act, as the act of the judgment constitutes a repeated crime because the defendant was a criminal record of larceny released from the maturity of September 20, 1984, and the defendant constitutes a repeated crime, it is subject to the restriction under the proviso of Article 42 of the Criminal Act pursuant to the proviso of Article 35 of the Criminal Act. This is an act of a person of mental disability, and is also an attempted disability, as recognized above, so the defendant is punished by imprisonment with prison labor within the scope of a term of punishment for which punishment has been repeatedly mitigated pursuant to Articles 10(2), 25(2), 55(1)3 and 55(2) of the Criminal Act, and the day of detention prior to the pronouncement of judgment shall be included

It is so decided as per Disposition for the above reasons.

Judges Son Ji-yol (Presiding Justice)