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The defendant's appeal is dismissed.
Reasons
1. The abstract of grounds for appeal (mental disorder and sentencing);
A. The Defendant, with mental and physical disorder, committed a crime under a state of mental and physical weakness due to a dynamic disorder, wall, etc.
B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. Determination as to the assertion of mental disorder 1) The Defendant caused the instant crime due to a mental defect that prevents the Defendant from suppressing his impulse of theft (a mental disorder is expressed in the form of a mental disorder) (a mental disorder is expressed in the form of a mental disorder).
Even if such phenomenon is likely to result in suppressing one's impulse because of his or her failure to suppress a crime, this is merely a matter of degree, and therefore, barring special circumstances, it cannot be said that a person who has such character defect requires an act that cannot be expected to control his or her impulse and to demand compliance with the law, and thus, it does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment, in principle, a defect of nature, such as a disorder, does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment.
It is reasonable to see that such character defect is very serious and can be evaluated as equal to a person who has a mental disorder within the original meaning, or in the case of competition with any other mental disorder, there is room to recognize the mental disorder (see Supreme Court Decision 94Do3163, Feb. 24, 1995, etc.). According to the evidence duly adopted and examined by the court below, the fact that the defendant has been consistently receiving treatment due to a bipolartic disorder, etc. from around 2012 is recognized, but the medical certificate of June 4, 2018 prepared by the doctor Q of intention is stated as "the present condition of existence" of the meaning that the defendant does not suffer from a certain shock disorder due to a bipolartic disorder, even if the defendant had suffered a certain degree of shock disorder due to a bipolartic disorder.
even, 1.