특수상해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 had a fixed mental illness, such as anxiety, depression, depression, and influence, from a juvenile reporter. At the time of each of the instant crimes, the Defendant was physically and mentally deprived or physically weak due to stress or alcohol influence.
2) The sentence sentenced by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. According to the records on the determination of the assertion of mental disorder, the fact that the defendant received treatment of mental illness due to symptoms, such as apprehensions, depressions, and influences that began from the juvenile season.
However, in light of the background leading up to the instant crime, the means and method of the crime, the circumstances before and after the instant crime, etc., the fact of recognition alone was in a state that the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.
There is a lack of view and there is no other material to recognize the mental disorder of the defendant.
The defendant shall not be able to admit his mental and physical weakness.
B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.
In addition, considering the conditions of sentencing as indicated in the records and arguments of the instant case and the reasons for sentencing of the lower judgment, even if considering all the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or is deemed unreasonable.
Therefore, we cannot accept the argument that the sentencing of the defendant and the prosecutor is unfair.
3. In conclusion, all appeals filed by the defendant and the prosecutor pursuant to Article 364(4) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.