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(영문) 서울중앙지방법원 2020.01.16 2019노3092
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault treatment for 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. A. The defendant is mentally ill-incompetent (definite or misunderstanding of legal principles) who committed each of the crimes in this case in a state that the defendant lacks the ability to discern things or make decisions due to a mental disorder, such as serious depression, uneasiness, net condition, and exchange, etc.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of employment restriction order) is too unreasonable.

2. Determination

A. According to the medical corporation’s medical records regarding the claim of mental and physical disability, the Defendant is presumed to have suffered from non-private personality disorders and continuous network disorders, and accordingly, the difficulty in shocking is inherent and the verbal violence and aggressive behavior is frequently observed.

However, considering the above physical characteristics of the defendant, the doctor in charge of treating the defendant, despite the above, has expressed his opinion that "the actual ability of the defendant to judge is presumed to be maintained without collapsed when considering the present situation," and considering the circumstances of each of the crimes of this case, the method of the crime, the circumstances before and after the crime, the statement made by the investigation agency, etc., it does not seem that the defendant had weak ability or decision making ability to discern things at the time of each of the crimes of this case.

Therefore, the defendant's argument of mental disability is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is deemed to have a history of punishment five times for the same crime, and each of the instant crimes committed again even if he/she was sentenced to a fine or a suspension of the execution of a fine through five times, and all of the remaining crimes except for the larceny against the victim AC are repeating criminal acts from March 1, 2019 to March 10, 2019, and thus, are likely to pose a significant risk of recidivism in the future. Each of the instant crimes appears to have been committed after the commission of the crime, its content, method, and method.

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