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(영문) 대구고등법원 2014.12.11 2014노294
특수강도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for five years.

information about the defendant for five years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was in a state of mental disorder due to the collision adjustment disorder, character disorder, and sexual impulse disorder at the time of each of the instant crimes. 2) The sentence imposed by each of the lower courts on the Defendant (the first instance court: imprisonment with prison labor for 5 years and 2: imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

B. The sentence imposed by the first instance court on the Defendant is too unhued and unreasonable.

2. Determination

A. According to the medical certificate of the Defendant prepared by the AU for the claim of mental disorder, a copy of each medical record against the Defendant, and a written confirmation of psychological treatment against the Defendant prepared by the head of the AV Research Institute, the fact that the Defendant received a mental treatment and psychological treatment, etc. from the examination of physical behavior disorder, impulse disorder, etc., is recognized. According to the mental diagnosis document prepared by the AX, the fact that the Defendant was given a specific impossible personality disorder or other symptoms of sexual preference disorder is recognized.

However, the defendant, as a person with an average level of intelligence (I Q 94), has a clear sense of consciousness, has been preserved, has no particular impediment in the course of the accident, and has no mental disorder, and shows the defendant's mental disorder, other sexual preference symptoms, such as the lack of awareness of crime, lack of social responsibility, lack of internal ability due to the coordinate, and his desire and behavior. However, in full view of the following, the defendant's mental disorder presented his opinion that it does not affect the ability to distinguish things or make decisions, and that such mental disorder does not change things, the defendant's attitude before and after the crime of this case, and the defendant's perception and attitude with respect to his own crime, the above mental disorder of the defendant is a mental disorder within the original meaning.

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