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(영문) 서울고등법원 2017.06.02 2017노1068
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) Defendant A with mental and physical weak disorder at the time of committing each of the instant crimes, but the court below erred by misapprehending the legal principles or misunderstanding of facts.

2) The sentence of the lower court (one year and four months of imprisonment) that was unfair in sentencing is too unreasonable.

B. Defendant B’s punishment (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. Determination on Defendant A’s assertion of mental and physical weakness is 1) The phenomenon where Defendant A’s mental and physical weakness was unable to suppress his impulse and thereby committing a crime is likely to find out to the normal person. Barring special circumstances, barring special circumstances, it cannot be deemed that Defendant A’s mental and physical weakness, such as a failure, do not constitute a mental and physical disorder, which is a cause for the reduction of punishment, and thus, it is reasonable to deem that, in principle, a physical and mental disorder, such as a failure, does not constitute a cause for the reduction of punishment.

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 with a mental disorder within its original meaning, the crime resulting therefrom shall be deemed a crime due to mental or physical disorder (see Supreme Court Decisions 2010Do14512, Feb. 10, 201; 2002Do1541, May 24, 2002). The following circumstances are acknowledged by the evidence duly adopted and investigated by the court below. ① Each of the crimes of this case, namely, (i) each of the crimes of this case was committed by opening the door of a motor vehicle parked at the underground parking lot of a new apartment unit with a personal seal attached to the new wall and not reported, and (ii) each of the crimes of this case was committed by means of theft of the inside object, although many of the past records have been punished for the same kind of crime since 2011; (iii) Defendant A had no mental disorder or mental therapy; and (iv) Defendant A appears to have been stolen.

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