폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for a period of two years and six months;
3.Provided, That this ruling shall have become final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant had mental and physical weakness at the time of committing each of the instant crimes.
B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.
2. Determination as to the assertion of mental and physical weakness
A. The lower court determined that the Defendant was diagnosed as a live disorder, severe symptoms of mental disorder, immediately after each of the instant crimes, but, in light of the background and method of each of the instant crimes, the Defendant’s speech and behavior before and after the instant crimes, the Defendant’s statement to investigation agency, the Defendant’s social career, and the details of treatment in the past, etc., the lower court deemed that the Defendant had a weak ability to discern things or make decisions at the time of each of the instant crimes.
It is difficult to view it.
The decision was determined.
B. The following facts and circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the first instance court, namely, ① the Defendant was diagnosed on September 2015, 2015, which was immediately after each of the instant crimes, with a component mental disorder (rest), a net disability (rest), and a severe severe depression with mental symptoms, and was subject to pharmacologic treatment, and ② the Defendant was the parent of the instant case before the instant case.
The same shall apply to the following and observed by all members who live in mountain.
“A person who has made a statement, etc., and who has been divingd three days prior to the occurrence of the instant case, will bring in his family during the Do.
“The purpose of this case is to listen to the welfare center’s mental sentiment, and ③ the examination of the custody center’s mental sentiment conducted by the Defendant is to conclude that “the Defendant is currently in a state of mental condition, such as depression, uneasiness, mental movement delay, interest and enjoyion, fall in the desire, drop in self-esteem, drop in the sense of self-esteem, concentrated drop, and abstinence.” At the time of the instant crime, the Defendant appears to have seen a more severe mental symptoms than the present symptoms.