존속상해등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
1. Summary of grounds for appeal;
A. Considering the fact that the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) suffered from a mental fissione and led to the instant crime, and the confession of the said crime and reflects his mistake, the sentence of the lower court’s sentence (one year of imprisonment) against the Defendant is too uneasible and unfair.
B. The lower court’s sentence of medical treatment and custody against the Defendant is unlawful, inasmuch as the Defendant lives in a mental hospital without any particular problem prior to the instant crime, and the need to receive medical treatment and custody at the medical treatment and custody facility is less and cannot be said to pose a risk
2. Determination
A. The crime of this case in part of the defendant's case is a food and an injury to the victim's face, and the responsibility for the crime is heavy in light of the target of the crime, the degree of injury, etc., but, on the other hand, considering the fact that the defendant committed the crime of this case in a state of mental disorder due to mental division, led to the crime of this case, led to the crime of this case, led to the confession and reflect of the crime of this case, the victim complained of the defendant's wife against the defendant, the defendant did not have any particular criminal record other than a fine once, and the sentencing guidelines for the sentencing of the Supreme Court are inappropriate.
B. The following circumstances are acknowledged based on the evidence duly admitted and investigated by the lower court and the trial court, namely, ① the Defendant was punished by a fine of KRW 500,000 as a violation of the Punishment of Violences, etc. Act in 197, and the Defendant appears to have been continuously subjected to hospitalized treatment and pharmacologic treatment at a mental hospital from around that time. ② Notwithstanding such treatment, the Defendant did not suffer from illness at all, and the Defendant did not suffer from unrealistic accidents, shock, aggressiveness, and judgment decline.