폭행치사
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of committing the crime, the Defendant was in a state that, in addition to the incomplete mental state, such as coercionism and compactic mental disorder, the Defendant was in a state of lacking the ability to discern alcohol and make decisions.
B. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court and the trial court as to the claim of mental retardation, the Defendant was under medical treatment before being detained in the instant case after receiving the diagnosis of Maternal Maternology, Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Matern
However, in full view of the motive, background, means and method of the instant crime, and circumstances before and after the instant crime, it does not seem that the Defendant had committed serious mental illness at the time of the instant crime, and that the Defendant did not have the ability to discern things or make decisions due to mental illness and alcohol, and that it did not appear that the Defendant, at the time of the instant crime, failed to have the ability to discern things due to mental illness and alcohol, even though the victim and the destination, who was an engineer on the route and at the destination of the taxi, was committed.
This part of the defendant's assertion is without merit.
B. The Defendant’s crime of this case, which the Defendant committed contingently on the assertion of unfair sentencing, is against the Defendant’s family members who complained against the Defendant without having lost interest in the Defendant, and the Defendant was suffering from the mental illness as seen earlier even though it did not reach the state of mental and physical disability, etc. are factors for sentencing favorable to the Defendant.
However, the defendant has been sentenced to imprisonment and fine several times due to violence and property crimes, etc., and the crime of this case is death of the victim who did not have any error.