폭력행위등처벌에관한법률위반(상습상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. Summary of grounds for appeal;
A. The Defendant was receiving medical treatment due to depression and shock disorder, and in addition, the Defendant was in a state of mental disorder at the time of the instant crime.
B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental or physical disorder, the Defendant was under treatment due to symptoms, such as influoral, fluoral, shocking, fluoral disorder, and chemical fluoral disorder, which show symptoms, such as the redive disorder, in detail, and in a situation where treatment and observation is in need of continuous treatment and observation for the wrongful period in the future. At the time of the instant crime, it is recognized that there was lack of the ability to discern things or make decisions due to the difficulty in shocking and shocking with the victim at the time of the instant crime, and therefore, the Defendant’s mental or physical disorder assertion of mental or physical disability has merit.
(2) The court below's decision is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the defendant's appeal is without merit. Thus, the court below's decision is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is without merit.
Criminal facts
The summary of the facts charged and evidence of the defendant, recognized by this court, is the criminal facts of the judgment below, and the facts charged of the crime of the defendant 8:00 on April 6, 2013 through 18:30 on April 6, 2013, the "E apartment Ma301, in which the victim (at that time 51 years of age) who is located D at door-si from April 13:00 on April 6, 2013 to 18:30 on the same day, and the victim (at that time 51 years of age) who resides in D at door-si from April 13:0 on April 6, 2013.