beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. A. The Defendant was in a state of mental disability at the time of committing each of the instant crimes with mental illness, such as a decentralization disorder.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. The phenomenon where a person commits a crime because he/she was unable to suppress his/her impulse of judgment on the claim of mental disability is likely to find the normal person for a long time. Barring special group circumstances, it cannot be deemed that a person with the above character defect requires an act that is not expected to restrain his/her impulse and to demand compliance with the law, barring special circumstances, and thus, it is reasonable to deem that the defect of nature, such as shock disorder, does not constitute a mental disorder, which is the cause of reduction or exemption of punishment. However, even if the defect of nature, such as shock disorder, is very serious and it is deemed that it is equivalent to the person with the original meaning, if it can be deemed that it is equivalent to the person with mental disorder, such crime shall be deemed a crime caused by mental disorder.
(See Supreme Court Decision 2006Do5360 Decided October 13, 2006). In light of the following facts: (a) Defendant has been under mental treatment from around September 2002 to around 13, 2002; (b) there is a doctor’s opinion that it requires treatment due to symptoms, such as labor union adjustment difficulties; (c) the Defendant’s statement, etc. (in the trial record 84 pages); and (d) the Defendant’s family member’s statement, etc. (in the case of investigation record 73 pages), it is recognized that the Defendant used violence against his family members including the victim. However, it is recognized that most of the criminal records of the Defendant were subject to punishment in 202, and there was no record of punishment for violence, etc.; (d) Defendant’s academic background, occupation, previous career, or investigation record (16 pages). The Defendant appears to have under normal social life on the day of each of the instant crimes.