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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a mental and physical state due to stress and depression caused by sexual assault at the time of committing the instant crime.
B. The sentence of the court below (the penalty amount of KRW 500,00) is too unreasonable in light of the fact that the improper defendant's error in sentencing is against the defendant, the defendant's psychological condition and difficult family circumstances, etc.
2. Determination
A. The phenomenon where a person commits a crime because he/she was unable to suppress his/her impulse with regard to his/her mental disorder can be found even at all times to the normal person. Barring any special circumstance, it cannot be said that he/she requires a person who has such character defect to restrain his/her impulse and to require him/her to comply with the law, and thus, it is reasonable to deem that the defect, such as the disorder of impulse adjustment, does not constitute a mental disorder, which is the reason for the reduction of punishment, in principle.
However, if a mental disease in the original meaning, which causes disorder to the ability to discern things more than that, or if it is deemed that even if the cause of the disorder in nature such as shock disorder, is very serious and that the cause of the disorder is equal to that of the person with mental disorder in the original meaning, the crime of larceny shall be deemed to be the crime of larceny caused by mental disorder (see, e.g., Supreme Court Decision 2002Do1541, May 24, 2002). According to the records of this case, the possibility that the defendant might not be ruled out that there was a impulse in order to alleviate the physical compensation due to mental distress and stress at the time of the crime of this case.
However, the circumstances of each of the crimes in this case, methods and attitudes of the crimes, the circumstances after the crimes, and motive for the crimes [the defendant] has the idea that he/she was going to the department store to purchase pro-friendly employment gifts, and he/she would have the same birth in mind.