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(영문) 수원지방법원 2016.08.18 2016노3039
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at a long point in the main place for a long time, took an excessive amount of exemption due to depression and WIG disorder symptoms. At the time of each of the larceny of this case, the Defendant took excessive water exemption and then stolen an article dynamicly in a monging state where he was not completely shouldered.

Therefore, at the time of committing each of the larcenys in this case, the Defendant was in a state of mental disorder caused by depression, military register disorder, drug addiction, etc.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. Determination as to the assertion of mental disorder 1) The defendant caused a crime due to a mental defect that does not suppress his/her impulse of theft (a mental disorder is expressed in the form of a mental disorder).

Even if such phenomenon is likely to result in suppressing one's impulse because of his or her failure to suppress a crime, this is merely a matter of degree, and therefore, barring special circumstances, it cannot be said that a person who has such character defect requires an act that cannot be expected to control his or her impulse and to demand compliance with the law, and thus, it does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment, in principle, a defect of nature, such as a disorder, does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment.

It is reasonable to see that such character defects are very serious and can be evaluated as equal to a person who has a mental disorder within the original meaning, or in the case of concurrent reasons with other mental disorder, there is room to recognize the mental disorder (see Supreme Court Decision 94Do3163, Feb. 24, 1995, etc.). 2) According to each evidence duly adopted and investigated by the court below, according to each evidence duly adopted and investigated by the court below, the defendant is symptoms such as depression of serious symptoms from January 7, 2016, military register barriers, water surface disorders, etc.

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