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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below erred in the misapprehension of legal principles in holding otherwise, although the defendant with mental and physical weakness was in a state of mental weakness due to shock disorder at the time of committing the crime in this case.
B. The sentence of the lower court’s sentence that is unfair in sentencing (eight months of imprisonment) is excessively unreasonable.
2. Determination
A. The phenomenon where a person commits a crime because he/she was unable to suppress his/her impulse with respect to his/her mental and physical weakness is likely to find out for the normal person. Barring special circumstances, it cannot be deemed that a person who has such character defect requires an act that is not expected to restrain his/her impulse and to demand compliance with the law, barring special circumstances, and thus, it is reasonable to deem that the defect, such as a disorder, does not constitute a mental and physical disorder, which is the reason for the reduction of punishment, in principle, is not a mental and physical disorder.
However, even if a defect of the same nature as a shock disorder is so serious that it can be evaluated to be equal to a person who has a mental disorder within its original meaning, the crime resulting therefrom shall be deemed to be a crime caused by mental disorder (see Supreme Court Decision 2010Do14512, Feb. 10, 201, etc.). According to the records, the defendant was diagnosed on June 2, 2014, “other habiting and shock disorder, serious shock disorder, and bad personality disorder in the middle, etc.,” but it is recognized in the opinion of the defendant against the defendant. In light of the fact that “the defendant seems to have any difficulty in shocking, etc. compared to the person who had a mental disorder before being hospitalized at the time of discharge from the department of O mental health clinic on March 16, 2015, the defendant's intent or method of the crime in this case, the method and method of the crime in this case after the arrest of the defendant, and the record as to how the defendant appeared in the police.”