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(영문) 서울고등법원 2013.04.12 2013노17
특수강도미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of mental disability as the disabled of the second degree in a mental retardation.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mental disability and the evidence duly adopted and examined at the trial court and the trial court: (i) the Defendant was diagnosed at around 195 with a 40-year period, and was hospitalized with a mental disorder over 16-year period; (ii) the Defendant was diagnosed at Grade 2 with a mental disorder in 200 (investigative record, 32 pages); and (iii) the Defendant was hospitalized and discharged several times after being hospitalized at G Hospital with the government’s clinic on September 1, 206 with symptoms, such as “the 37-year period period period period period period period period period period period period period period period period period period, and 4-year period period period period from July 22, 2011 to July 18, 2012, which was immediately before the instant crime, and the Defendant was hospitalized at G Hospital with a view that he was unable to understand the Defendant’s mental health disorder at the time of the instant investigation into mental disorder, etc. (hereinafter “the 37-year period period period period of the instant accident”).

3. Nevertheless, the Defendant cannot be deemed to have reached a state of mental disability at the time of committing the instant crime and rejected the Defendant’s assertion.

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