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(영문) 서울고등법원 2013.03.08 2013노225 (1)
특정범죄가중처벌등에관한법률위반(절도)등
Text

The remainder of the judgment of the court below, excluding the rejection of an application for compensation order, against the defendant.

Reasons

Summary of Grounds for Appeal

A mentally ill-minded defendant was at the second degree of mental retardation disability at the time of committing the instant crime, and was in a state of mental disability.

The imprisonment (six years of imprisonment) imposed by the court below on the defendant is too unreasonable.

According to the reasoning of the judgment on the claim of mental disability, according to the mental diagnosis statement against the defendant of the Medical Treatment and Custody Director by the request of this court, it is reasonable to view that the defendant was in a state of mental disability with mental disorder whose capacity to discern things or make decisions was deteriorated due to the above mental disorder at the time of committing the crime of this case, and at the time of committing the crime of this case, the defendant suffering from the mental disorder of the deceased mental disorder of the deceased and its degree, and in full view of the motive and circumstance of each crime of this case, the means and method of each crime of this case, and the behavior of the defendant before and after committing the crime of this case.

Therefore, the defendant's argument of mental disability is justified.

In conclusion, the defendant's appeal is reasonable in that it is a claim of mental disability, and therefore, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows: "The defendant committed each of the following crimes under the conditions that they have the ability to discern things or make decisions due to the scambling and mental retardation, etc." in the 10th part of the judgment of the court below, and the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding "1. The mental emotions of the preparation of the Medical Treatment and Custody Director" to "the mental emotions of the preparation of the Medical Treatment and Custody Director" to the summary of the evidence

Application of Statutes

1. The corresponding Article of the Criminal Act and the aggravated punishment of specific crimes selected for the crime.

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