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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case of the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant")
(A) At the time of committing the instant crime, the Defendant was in a state of mental disability due to editing and colonies, etc., and thus, the Defendant’s punishment should be mitigated.
B) The punishment sentenced by the lower court (one year of imprisonment, six years of confiscation) is too unreasonable and unfair.2) The sentence sentenced by the lower court to the Defendant is too uneasible and unfair.
B. In light of the nature of the instant crime, the Defendant’s tendency to increase the criminal records and violence, the violent inclination that emphasizes human life, the risk of recidivism, etc., the lower court’s judgment otherwise determined is unreasonable, although it is necessary to attach an electronic device to the Defendant.
2. Determination
A. As to the part of the defendant's case, the mental disorder as provided for in Article 10 of the Criminal Act is a biological factor, which requires that the mental disorder as provided for in Article 10 of the Criminal Act is not a mental disorder, such as mental disorder or abnormal mental condition, but is lacking or reduced in the ability to discern things due to such psychological disorder. Thus, even if a person with mental disorder is a person with a normal mental disorder or behavior control ability at the time of committing the crime, it cannot be viewed as a mental disorder if he/she had a normal ability to distinguish things or behavior control ability at the time of committing the crime (see, e.g., Supreme Court Decisions 92Do1425, Aug. 18, 1992; 2006Do7900, Feb. 8, 2007). The defendant has already asserted to the effect that he/she is identical to that of mental disorder at the court below. The court below is recognized as having been hospitalized and hospitalized by the defendant due to a mental disorder of Grade III, but considering the background and method of the crime in the crime, the criminal act and circumstances before and the defendant's testimony.