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Defendant
The appeal of the candidate for medical treatment and custody shall be dismissed.
Reasons
1. Part of the defendant's case
A. The gist of the grounds for appeal is as follows: (i) the defendant of mental disorder and the requester for medical treatment and custody (hereinafter referred to as the "defendant") at the time of committing the instant crime; (ii) the defendant was in the state of being unable to discern things or make decisions due to mental disorder, such as stimulative disorder, and thus, the court below did not recognize it; and (iii)
Dob. The sentence of unfair sentencing (five years of imprisonment, medical treatment and custody) of the lower court is too unreasonable.
B. In full view of the circumstances such as the background leading to the instant crime, the means and method of the crime, the Defendant’s criminal conduct before and after the instant crime, and the circumstances after the instant crime, etc., the lower court determined that the Defendant did not have committed a state of lack of ability to discern things or make decisions due to mental disorder, such as the depression disorder at the time of the instant crime, beyond the state of lacking capacity to discern things or make decisions.
Therefore, we cannot accept this part of the defendant's ground of appeal.
C. The Defendant committed the instant crime in a state where the ability to discern things or make decisions is weak due to mental illness that the Defendant recognized the instant crime and divided wrong facts, and the Defendant committed the instant crime in favor of the Defendant.
On the other hand, on October 13, 201, the Defendant was sentenced to imprisonment for two years as a crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on Punishment of Violences, etc.) in the Daegu District Court Port Support on October 13, 201, and committed the instant crime despite the fact that it is still under the grace period.
The crime of robbery in this case is planned against female victims who are vulnerable to the crime in the new time zone, together with accomplices.