Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The mentally defective or mentally defective or the person against whom the attachment order was requested (hereinafter “defendant”) committed the instant crime under the condition of mental illness or drinking, or mental and physical disability.
Nevertheless, the judgment of the court below which did not consider the defendant at the time of committing the crime of this case as either mental or physical disability, is erroneous in the misapprehension of legal principles as to mental or physical disability.
B. The lower court’s sentence of unreasonable sentencing (one-year imprisonment, etc.) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and investigated by the lower court, the lower court found that the Defendant received a mental and medical treatment due to adaptation disorder, and that the Defendant was diagnosed at the boundary line, intelligence, and intellectual disability 4 at the time of the draft physical examination. However, in light of the details and contents of each of the instant crimes, and the Defendant’s behavior before and after the instant crime, the lower court did not have the ability to discern things or make decisions due to mental illness at the time of each of
The defendant rejected the defendant's defect or mental and physical disability claim on the ground that it does not seem to have been or weak.
Examining the evidence duly admitted and examined by the court below, the above judgment of the court below is justifiable.
Therefore, the defendant's defectiveness or mental disability argument is without merit.
B. The Defendant’s confessions all each of the instant crimes, and the Defendant has no record of criminal punishment, etc. are favorable to the Defendant.
On the other hand, each of the crimes of this case was committed repeatedly by an adult defendant, who is a elementary school student or a middle school student, and it is very bad that the victims of the age of her age have been committed.