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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for three years.
Defendant
B.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, Defendant A was in a state of mental disorder or mental disability.
B. The lower court’s sentencing is too unreasonable.
2. Before determining the grounds for appeal ex officio, the prosecutor ex officio examined the reasons for appeal on the judgment of ex officio, and the prosecutor applied for permission to amend the Bill of Indictment with the content of changing the part of the facts charged in the case No. 201Gao 257 as stated below. Since this court permitted this, the part of the judgment of the court below against the defendant A in the judgment below is no longer maintained.
However, since the defendant A's argument about mental disorder is still subject to the judgment of this court among the grounds for appeal, it will also be examined in the judgment on the grounds for appeal as well as the grounds for appeal on other parts.
3. Determination on the grounds for appeal
A. According to the evidence duly admitted and examined by the court below as to the defendant A's mental disorder, it is true that the defendant had a mental symptoms of stimulic disorder, but the above symptoms did not have affected the defendant's crime of this case, and otherwise, the defendant did not have the ability to discern things or make decisions due to the mental disorder at the time of the crime of this case.
There is no evidence showing that there was or was a weak state.
B. The lower court took into account the following factors: (a) the Defendant had the same criminal record as to the allegation of unfair sentencing by Defendant B; (b) the instant crime was committed in a systematic and repeated manner; and (c) the fact that the instant special larceny crime constitutes ex post facto concurrent crimes; and (d) the Defendant reflects the fact that the Defendant reached an agreement with some victims; and (c) the Defendant’s age, environment, motive for the crime; and (d) various sentencing conditions, such as the circumstances after the crime.