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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.10.07 2016노5294
야간주거침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of lacking the ability to discern things or make decisions due to mental or physical disorder at the time of committing the crime, since the social age and mental age are over 13 years old, the desire-to-presidential capacity is insufficient, and it is difficult to suppress impulses.

Nevertheless, the judgment of the court below which did not reduce mental illness against the defendant is erroneous by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

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

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the claim of mental disability, the defendant was confirmed that the whole intelligence (FSI Q) belongs to the level of 50 in China (35-50), and the social age (SA) falls under 13 years old and 9 years old, and social index falls under the degree of delay at 55 degrees. The examination result reveals that the mental age of the defendant falls short of 13 years old and it is difficult to control shock, and that the mental age of the defendant falls short of 13 years old and it is probable that the defendant might fall under the category of 13 years old, and it is difficult to control shock. However, it is recognized by the evidence duly adopted and examined by the court below. In other words, if the court below acknowledged the situation of the crime of this case, the circumstances of the crime of this case, the detailed contents of the crime, the defendant's behavior before and after the crime of this case, the circumstance and circumstances of the defendant's mental retardation at the time of the crime of this case, etc.

Therefore, this part of the defendant's assertion is accepted.

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