상해
The defendant's appeal is dismissed.
The summary of the grounds for appeal (e.g., mental or physical disability) committed the instant crime in a state that the Defendant, at the time of the instant crime, committed the instant crime under the lack of the ability to discern things or make decisions due to mental illness, such as shock disorder, border personality disorder, etc., and the punishment (a fine of KRW 1.5 million) imposed by the lower court is unreasonable.
Judgment
According to the records of this case, it is recognized that the defendant was diagnosed as a shocked person, a boundary personality disorder, etc. and was subject to pharmacologic treatment from October 19, 201.
However, considering the fact that the Defendant does not seem to have a special obstacle in his daily life, the background leading up to the Defendant’s commission of the crime, the means and methods of the crime, and the circumstances after the crime, it does not seem that the Defendant had the weak ability to discern things or make decisions at the time of the crime of this case. Therefore, the above assertion by the Defendant is without merit.
Although there are favorable circumstances for the Defendant, such as the fact that the Defendant’s decision on the assertion of unfair sentencing is against himself/herself, there is no particular criminal power, and that there was an agreement with some victims, the extent of damage caused by the Defendant’s crime is not less than that of the Defendant. In full view of the various circumstances, including the motive of the Defendant’s crime, the means of the crime, and the circumstances after the crime, etc., the lower court’s punishment is reasonable, and thus, the Defendant’s assertion of unfair sentencing is also groundless.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.