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(영문) 부산고등법원 (창원) 2021.01.13 2020노98
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

2.2.2.22.22.22. 1.2.

Reasons

At the time of committing the instant crime, the Defendant had no or weak ability to discern things or make decisions due to mental illness and mental delay.

The punishment sentenced by the court below to the defendant (the imprisonment of three years and six months) is too unreasonable.

According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was hospitalized at the medical corporation's mental health department from November 15, 2019 to May 14, 202 after the diagnosis of mental disorder (procognition), and the medical corporation's examination of the fact that the defendant was hospitalized at the hospital. According to the medical corporation's inquiry about the medical corporation's hospital, the medical specialist of mental health who treated the defendant was in a serious progress, such as "within the hospital at the time when the defendant was hospitalized," and the medical specialist of the court below was in a state of 1st century, such as 1stmathic disorder at the time of the defendant's hospitalization, 200 to 1stmathic disorder at the time of the crime, and 1stic disorder at the time of 200 to 2ndic disorder and 1stic disorder at the time of the death and 1stic disorder.

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