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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of three years and a fine of two hundred thousand won.
Reasons
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical disability due to shock disorder, etc.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and a fine of three hundred thousand won) is too unreasonable.
2. Determination (as to the defendant's claim of mental suffering from mental disorder), the phenomenon that leads to the crime committed because he/she failed to suppress his/her impulse, is likely to be found even to a normal person. Thus, barring special circumstances, it cannot be deemed that the above person who has such character defect requires an act that cannot be expected to control his/her impulse and to demand compliance with the law, barring special circumstances, and thus, it is reasonable to deem that, in principle, the defect such as shock disorder does not constitute mental disorder, which is the reason for reduction or exemption of punishment.
However, if a mental disorder within the original meaning, which causes disorder to the ability to discern things more than that, or even if the cause of the disorder is the same as that of the impulse disorder, it can be evaluated that it is very serious and equivalent to the person with mental disorder within the original meaning, the larceny crime should be deemed to be a crime caused by mental disorder.
(See Supreme Court Decision 94Do3163 delivered on February 24, 1995, Supreme Court Decision 2008Do9867 delivered on February 26, 2009, etc.). According to the evidence duly adopted and examined by the court below, the defendant directly prepared all the equipment necessary for the thief in this case, and directly prepared electric wires, etc., and stolen electric wires, and removed electric wires from the factory, and sold knife only knife with a stolen electric wire, and exceeded the clothes using the knife with a large quantity of electric wires.