성폭력범죄의처벌등에관한특례법위반(특수강도강간등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for ten years.
excessive 1 knife (10cm in blade, No. 7) seized;
Summary of Grounds for Appeal
When the defendant was in Japan, he was sulved by prescribing Maulsis and Maulsis for five years due to Maulsis and Maulsis. After returning to Korea, the defendant was unable to take such a medication, and was suffering from severe unstable symptoms. In the above circumstances, the defendant was drinking alcohol and was unable to properly memory the situation at the time of committing each of the crimes in this case.
Therefore, at the time of each of the crimes in this case, the Defendant was in a state of depression, influence, mental disorder, or mental disorder.
The sentence of imprisonment (12 years of imprisonment) imposed by the court below on the defendant is too unreasonable.
Judgment
According to the evidence duly adopted and examined by the court below on the assertion of mental disorder, it can be recognized that the defendant was able to live in Japan around December 25, 2001 and returned temporarily to Japan around May 2, 2006, and again returned to Japan from May 7, 2006 to November 6, 2015, and the defendant used the first five year after being diagnosed by the hospital. The defendant, at the police, stated that the defendant was "Islop and slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopics in Korea, and there was lack ability to make decisions or lack ability to do so at the time of the crime." Furthermore, the defendant did not have any ability to make decisions or lack ability to do so at the time of the crime of this case, at the time of the crime of this case.
(Evidence Records 172 pages, 266 pages) Accordingly, the defendant's mental or physical argument is without merit.
Judgment on the assertion of unfair sentencing.