폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Daegu District Prosecutors' Office Kimcheon-si Office in 2014 No. 141.
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant was in a state of mental disability at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine on mental disability, thereby adversely affecting the conclusion of the judgment.
B. In light of the fact that the defendant is against unreasonable sentencing, the sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the Defendant’s written reply to the preparation of the judgment hospital (F) as to the Defendant’s claim of mental disability, and each written diagnosis of the examination document of the examination document of the examination document of the Consumptive Hospital (C in charge), the Defendant was hospitalized in the hospital and was hospitalized in the hospital from April 27, 2014 to May 14, 2014 and was hospitalized in the hospital and received treatment. At the time of discharge, the Defendant was in need of continuous outpatient treatment. The Defendant was found to have been in an aggressive state without any behavioral control as at the time of hospitalization, and the Defendant was in a condition that he could have seen the form of sexual intercourse from May 30, 194 to May 14, 205 due to the examination of the stimulative disorder disorder, and the fact that the Defendant was in an aggressive state, such as sexual impulse therapy, and the fact that the Defendant was in a condition that he was in an attack with the mental disorder at the hospital from May 30, 1994 to 15.
In light of the motive, details, and method of committing the instant crime, which could have been known by the aforementioned facts, the Defendant appears to have lacking the ability to discern things or make decisions due to the evidence of stimulative disorder, at the time of the instant crime.
Therefore, the defendant's argument of mental disability is justified.
(b).