폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for one and half years;
1. Summary of grounds for appeal;
A. The Defendant has committed each of the crimes in this case under a state of mental disability due to a stimulative disorder.
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. According to the records of this case, the following facts can be acknowledged in the determination of the misapprehension of the legal principle as to the assertion of mental disability.
From around 1999 to the time of each of the instant crimes, the Defendant was suffering from the mental illness called stimulative disorder. On May 15, 2012, the Defendant received a report immediately after the Defendant committed the instant crime and was hospitalized at Y Hospital by the Defendant’s father X, who received contact with the police officers, and was hospitalized at Y Hospital by the Defendant’s father X. From that time, the Defendant was hospitalized at the Defendant’s detention warrant issued by the lower court until the Defendant was detained on September 19, 2012.
On July 17, 2012, the investigation report prepared by the prosecution Seo-gu Z, stating that the father X stated that the defendant's father X is in serious state of mental illness to the extent that his father's condition remains worse, and the opinion prepared by the Ya Hospital AA on September 17, 2012 shows that the defendant needs a professional treatment for at least six months in the future due to the above mental illness, and the fact inquiry statement prepared by the same doctor also states that the defendant shows both extreme dynamic disorder, current symptoms of mental disorder, and frisome disorder of frisome.
In light of the criminal records of the defendant, since around 1999, the defendant suffered from the above mental illness, there were several years of punishment for the same or similar crimes with each of the crimes of this case, including the crime of violation of the Punishment of Violences, etc. Act, damage to public goods, and obstruction of performance of official duties, etc. However, on December 28, 2004 due to the above crimes, the Suwon District Court was sentenced to medical treatment and custody on July 14, 2006, and the Suwon District Court was sentenced to medical treatment and custody for two years and six months, respectively.