beta
Text
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The sentence of the court below (the fine of KRW 1.5 million) against the defendant is too unreasonable in light of all the circumstances, such as the fact that the defendant, due to the mental disorder of the defendant's mental retardation, has shown a strong capture on the mobile phone and caused the crime of this case.
2. The Defendant’s defense counsel’s ex officio revocation of the claim of mental disability and maintenance of only the assertion of unfair sentencing, but may examine ex officio whether or not the Defendant’s mental and physical disorder (see, e.g., Supreme Court Decision 98Do3812, Jan. 26, 1991).
The mental disorder stipulated in Article 10 of the Criminal Act is a biological factor and needs to be determined as lacking or reduced in the ability to distinguish things due to such mental disorder, other than mental disorder such as mental, mental or abnormal mental condition. Thus, even if a person with a mental disorder was a person with a normal mental disorder at the time of committing the crime, if he/she had the ability to distinguish things or control action, he/she cannot be deemed a mental disorder. However, in the case of a fixed mental disorder such as mental disorder, even if he/she seems to have the mental disorder like normal ability to distinguish things at the time of committing the crime, it is often related to the mental disorder where he/she was unable to suppress the impulse of the crime in the process of causing the crime, and in such case, it is often related to the mental disorder, and therefore, it is likely to be a mental disorder.
(See Supreme Court Decision 92Do1425 Decided August 18, 1992, and Supreme Court Decision 2005Do7342 Decided December 9, 2005, etc.). According to the records, the Defendant was registered as a disabled person of class III with intellectual disability under the Act on Welfare of Persons with Disabilities on May 3, 1995 after undergoing an operation due to a traffic accident upon seven death, and the O doctor P on August 20, 2012 as the name of the Defendant “the name of the disease”;
2. Other habitss and impulse disorders;