Text
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. A. The Defendant suffered from mental illness, such as a summons, depression, and depression disorder. At the time of each of the instant crimes, the above mental illness was in a state of mental and physical disability.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
On July 7, 2020, the defendant was sentenced to one month of imprisonment as a crime of fraud in the Daegu District Court Decision 2020Kadan326 Decided July 7, 2020, and the facts that the above judgment became final and conclusive on July 15, 2020 are significant in this court.
Since the crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud for which the above judgment has become final and the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after examining whether to reduce or exempt the punishment in consideration of equity in cases where
Therefore, the judgment of the court below is no longer maintained.
However, the defendant's argument about mental disorder is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
B. The Defendant, who was arrested or detained due to the instant crime, stated the details, process, frequency, etc. of each of the instant crimes in a concrete and detailed manner on the grounds that he/she had committed the instant crime, and showed an attitude against himself/herself. Before the instant crime was committed, the Defendant suffered from mental illness, such as depression.
In full view of the fact that there is no evidence to prove that the Defendant was receiving medical treatment at the hospital or that there was no evidence to prove that the Defendant had the weak ability to discern things or make decisions due to depression, etc. at the time of each of the instant crimes.
Therefore, the defendant's above assertion is without merit.
3. Accordingly, the court below's decision on the grounds of ex officio reversal is unreasonable.