상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor (ten months of imprisonment) is too unhued and unfair.
B. Defendant 1) The Defendant had mental and physical weakness at the time of committing the instant crime.
2) The above sentence sentenced by the lower court is too unreasonable.
2. Determination
A. According to the record of the instant case’s assertion of mental and physical disorder, the Defendant received outpatient treatment after receiving hospitalized treatment to the extent that he/she had been hospitalized due to a disease from a stimulative disorder and a stimulative disorder on October 2008. From July 17, 2015 to July 17, 2015, considering the circumstances such as improper speech and behavior, etc.
8. The fact that the defendant was hospitalized until 17. During the above hospitalization period, the fact that the defendant showed symptoms, such as catching, interesting, viral, and traging symptoms, but the remaining symptoms, such as catching, massing, and sick shortage, was found to have been discharged.
However, according to the victim E and F’s statements, etc. as to the situation at the time of the instant crime, the Defendant was operating D at the time of the instant crime, and it appears that the Defendant had suffered excessive interest in the Defendant at the time of exercising violence against the victims, or did not appear to have shown symptoms. The Defendant appears to have been in a somewhat interested state, such as assaulting police officers I, J at the police station, and raping the victim L at the time of insulting the victim, and committing sexual intercourse with the Defendant. However, in light of the background leading up to each of the instant crimes, the specific method of each of the instant crimes, etc., the Defendant had the ability to discern things or make decisions due to extreme disorder at the time of each of the instant crimes.
Therefore, the defendant's mental and physical disability argument is without merit.
B. We also examine the determination of unfair sentencing and the Defendant’s respective unfair sentencing arguments.
The extent of the defendant's use of violence against victim E and F, police officer I, and police officer I.