beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. A. The defendant has a detailed shock disorder, and there was an abnormal larceny habitor due to such shock disorder, and the defendant was in a state of mental and physical disability at the time of each of the crimes in this case.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. As to mental health and injury
A. The phenomenon of preventing a crime because he/she was unable to suppress his/her impulse is likely to be found even for normal persons. Barring any special circumstance, it cannot be deemed that a person with such character defect requires acts that cannot be expected to control his/her impulse and to demand compliance with the law, barring any special circumstance. Therefore, it is reasonable to deem that the same character defect as the impulse disorder does not constitute a mental disorder, which is the cause of reduction or exemption of punishment. However, even if the defect is of the same nature as the impulse disorder, if it is very serious and it can be deemed that it is equal to the person with the original meaning as the person with mental disorder, such crime must be deemed a crime caused by mental disorder.
B. (Supreme Court Decision 2006Do5360 Decided October 13, 2006).
According to the evidence duly adopted and examined by the court below and the court below, the defendant was diagnosed as having been subject to treatment after being diagnosed as a shock disorder in detail from October 18, 2012 to February 3, 2013, which had been prior to each of the crimes of this case, and according to the mental evaluation conducted on May 13, 2016 against the defendant, the defendant was diagnosed as having been subject to treatment by being diagnosed as having been subject to treatment by being aware of the shock disorder in detail. According to the mental evaluation conducted on May 13, 2016, "the defendant was diagnosed as a simple accident, lack of the ability to solve the problem and lack of the ability to solve the problem, and has weak internal ability to solve the desire." The defendant was punished several times as a thief crime including the power of the crime committed during the above symptoms.