beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder at the time of committing the instant crime, and even though the Defendant had weak capacity to discern things or make decisions, the lower court neglected this.
B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. According to the record of the determination on the claim of mental disability, ① the defendant suffers from mental illness such as mixed mental disorder, same-sex mental disorder, and unknown mental disorder. Since October 15, 2013, GH doctor I located in Seongdong-gu Seoul Metropolitan Government was treated by the above hospital until the crime of this case was committed. The symptoms of exchange, non-culmatic accident, and dynamic thief act remain considerably after the date of the crime of this case are committed, and in the future, there were opinions that the defendant need to receive mental health treatment including illegal medication continuously, and ② on June 18, 2012, the defendant was sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court of Seoul Northern District on June 18, 2012. The trial division of this case was considered to reduce the state of mental disorder on the grounds of the opinion of the professional examiners of this case and a written investigation before judgment.
Therefore, the defendant's argument of mental disability is justified.
3. If so, the defendant's appeal claiming mental and physical disability is reasonable. Thus, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the judgment is again rendered as follows.
[Judgment which has been written]