beta
Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) shall be mitigated or exempted inasmuch as the physical and mental loss or mental weak condition was under the influence of alcohol at the time of committing the instant crime, and thus, the sentence ought to be mitigated or exempted.
B. The sentence sentenced by the lower court to the Defendant (the imprisonment of three years, the disclosure and notification order five years, the attachment order six years, etc.) is too unreasonable.
2. Determination on the defendant's case
A. The mental disorder stipulated in Article 10 of the Criminal Act as to the assertion of mental disorder requires not only mental disorder such as mental disorder or abnormal mental condition, but also mental disorder such as mental disorder lacks or decrease in the ability to discern things or control action accordingly. Thus, even if a person with mental disorder is a person with a normal mental disorder at the time of committing the crime, he/she cannot be deemed a mental disorder if he/she had the ability to discern things and control action (see, e.g., Supreme Court Decision 92Do1425, Aug. 18, 192). According to the evidence duly adopted and examined by the court below, the fact that the defendant was under the influence of alcohol at the time of committing the instant crime is recognized.
However, in light of the following circumstances acknowledged by the above evidence, i.e., the Defendant stated at an investigative agency that he was unable to memory the instant crime, but thereafter, the motive and circumstance leading up to the instant crime, and the Defendant’s behavior at the time, etc.; the details and means of the instant crime; the Defendant’s behavior before and after the instant crime was committed; and the Defendant’s statement attitude in the investigative agency, etc., the Defendant lost or weak ability to discern things or make decisions at the time of the instant crime.
shall not be deemed to exist.
Therefore, the defendant's mental disorder is without merit.
B. The instant crime of determining the illegality of sentencing is 13 years old, where the Defendant did not have any awareness of being dismissed.