강도상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and nine months.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime with mental disorder, the Defendant was under the influence of alcohol and suffered from mental illness, and was in a state of mental disorder.
B. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. The following circumstances are acknowledged in relation to the assertion of mental disorder: (a) the testimony of the witness D at the trial; (b) the Defendant’s testimony at the trial court; and (c) the evidence duly admitted and investigated at the trial court; (d) the Defendant was unable to receive a proper care at the time when her mother was under 16 years of age at the time of committing the instant crime, and the Defendant was unable to receive a repeated discharge from the hospital due to a marry mental disorder; and (e) at the time of committing the instant crime, he
In light of the fact that there was no direct material that he was suffering from mental illness or that he was suffering from mental illness, and that around 2008, he was suffering from abnormal behavior during military service, and that in light of the form of the crime in this case, the circumstances before and after the crime, and the behavior before and after the crime, etc., it appears that the defendant was not in a normal adult ordinary mental state. Although the court below did not assert mental disorder due to drinking or mental disorder at the court below, it seems that the defendant did not have sufficient legal assistance from the investigative agency to the court below, it was due to the fact that the defendant was in a state that he had the ability to discern things or make decisions due to drinking or mental disorder at the time of the crime in this case.
Therefore, the defendant's argument of mental disability is justified.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered through pleading.
- - For reversal.