특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant, who had not been physically and mentally weak, was under medical treatment due to stimulative disorder, and was in a state of weak ability to discern things or make decisions.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court as to the assertion of mental and physical weakness, it is recognized that the Defendant received medical treatment from around 2010 due to a stimulative disorder, but in light of all the circumstances such as the background, process, means and method of each of the instant crimes, and the Defendant’s behavior before and after the instant crimes, the Defendant was in the state of lacking ability to discern things or make decisions due to the foregoing disease at the time of each of the instant crimes.
It does not seem that it does not appear.
Therefore, this part of the defendant's argument is without merit.
B. As to the wrongful assertion of sentencing, in light of the background, content, and method of each of the instant crimes and the degree of damage, etc., it is recognized that the crime is not good, and the degree of injury suffered by the victim of the instant special injury is relatively heavy.
However, it is also recognized that the defendant shows the attitude of recognizing and opposing each of the crimes of this case, that the defendant is receiving treatment due to stimulative disorder, and that there is no record of criminal punishment [Provided, That the defendant received a summary order of a fine of one million won around September 1, 2017 due to the crime of violating the Traffic Act before the crime of this case was committed on the road before the crime of this case], and that the victim does not want the punishment of the defendant in agreement with the victims at the investigation stage.
Considering the above circumstances and the Defendant’s age, sex, environment, motive and background of each of the instant crimes, means and results thereof, and all of the sentencing conditions shown in the instant records and arguments, the sentence imposed by the lower court against the Defendant is somewhat somewhat.