폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. A. The Defendant was suffering from mental illness on several occasions, such as hospitalized treatment, outpatients, and pharmacologic treatment.
At the time of the crime of this case, the drugs for mental illness were not taken, and thus, they were in a state of mental disability.
B. The sentence of the judgment of the court below on unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. According to the record of the determination on the claim of mental disability, it cannot be acknowledged that the defendant was in a state of lacking ability to discern things or make decisions due to the above mental disability at the time of committing each of the crimes in this case, even though he was found to have shown the symptoms of both polar and emotional disability, and received the previous mental and medical treatment. In light of the circumstances leading to each of the crimes in this case, the means and methods of committing each of the crimes in this case, and the circumstances before
Therefore, the defendant's above assertion is without merit.
B. Although the instant crime of intimidation on the assertion of unfair sentencing was committed at the night, the instant crime of intimidation was committed in the form of plastic knife, but it was committed in the form of Scinch knife and Scinch knife, and the instant crime of injury on the existence of the instant case was committed on the mother of the highly weak aged (84 years old) who is difficult to resist the Defendant at the latest night, and is not committed in
However, all of the crimes of this case are recognized by the defendant, and there is no history of punishment heavier than a fine, and the degree of injury suffered by the mother who is the victim of the crime of injury resulting from the continuance of this case seems to have been significant, and it seems that mental illness of the defendant, such as stimulative disorder and anti-social disorder, has influenced each of the crimes of this case. In light of this, it seems that the edification of the defendant by means of probation and treatment rather than strict punishment, is more appropriate to prevent recidivism.