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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant was in a state of mental disorder with which he/she was unable to discern things due to stress disorder, cerebralopsis, depression, etc.
B. The lower court’s sentence of unreasonable sentencing (200,000 won of fine) is too unreasonable.
2. The lower court acknowledged that, at the time of the instant crime, the Defendant was in a state of lacking the ability or decision-making capacity to discern things due to external stress disorder, cerebral cerebralopia, etc., and asserts to the effect that, at the time, the Defendant was in a state of mental disorder beyond “non-incompetent”.
In order to be held liable on the ground of a mental disorder, the mere fact that a person cannot memory the crime is insufficient, and the fact that at the time of the act was in the absence of the ability or decision-making ability to discern things at the time of the act should be recognized.
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, it seems that the Defendant was in a state of weak mind and body at the time of committing the instant crime, but it is difficult to recognize that the Defendant was in a state of full loss of the ability to discern things or make decisions.
Therefore, we cannot accept the above argument that it was committed in the state of mental disorder.
① The Defendant prepared for the instant crime and went back to the place where the instant crime was committed, and returned to the store, and had different things to be stolen by centering on the necessities of life, such as a brush and hand Hand car, etc.
In addition, after removing a house for prevention of theft attached to some goods by using pre-preparationd bags, the goods were concealed in a major (Titlet) and one's own door with other goods, and only the other goods were discovered.
The Criminal Procedure Act of the defendant is applicable.