성폭력범죄의처벌등에관한특례법위반(강간등상해)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for eight years.
. Information on the Defendant.
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) suffered from mental illness, such as depression and bipolartic disorder, etc. at the time of the instant crime, and the mental disorder and the state of mental disorder were suffering from mental disorder at the time of the instant crime.
B. The lower court’s imprisonment (12 years of imprisonment) against the Defendant claiming unreasonable sentencing is too unreasonable.
2. Determination
A. According to the records in this case, the defendant was hospitalized at a N Hospital from May 15, 2003 to June 23, 2003, and from September 15, 2006 to November 15, 2006, and was hospitalized at L Mental Hospital Hospital on two occasions, and was diagnosed at that hospital. On December 31, 2003, the defendant was diagnosed as “a man who has symptoms symptoms of mental illness,” and the defendant was hospitalized at the N Hospital from March 15, 201 to June 30, 201, according to the mental health and custody report and the result of the diagnosis submitted by the court at the mental examination of this case, as follows:
In the past, the defendant was diagnosed as "constituous disorder and stimulation of stimulative disorder and stimulative disorder" because he/she shows the symptoms of mental disorder, such as the current state of damage and stimulative disorder, and at the time of committing the crime in this case, he/she is presumed to have committed a crime in the state of mental disorder, i.e., the decline in judgment and decision-making capacity of temporary change of object due to the decline in judgment, such as shock disorder and excessive accident, etc. caused by the addition of stimulative disorder at the time of committing the crime in this case, and the decline in the ability to make a decision-making by drinking, i.e., the decrease in the capacity of temporary change of object and decision-making capacity due to alcohol.The third theory of the lawsuit in this case, as mentioned above, is presumed to have been committed in the state of mental disorder, mental assessment result and the record of this case