공연음란등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal (e.g. mental disability and unreasonable sentencing) was in a state of mental disability at the time of each of the instant crimes.
The punishment of the court below (one year of imprisonment) is too unreasonable.
Considering the medical history of the defendant's judgment as to the claim of mental disability, the motive and circumstance leading to each of the crimes in this case, the attitude of the crime, the attitude of the defendant in the investigation process, and the attitude of the defendant in the investigation process and the contents of his statement, etc., it is determined that the defendant suffered from the editing fluence, etc., showing symptoms such as the editing network, the damage network, and patrine at the time of each of the crimes in this case, and that the defendant has weak ability to discern things
Therefore, punishment for the instant crime may be mitigated pursuant to Article 10(2) of the Criminal Act.
Thus, the defendant's argument of mental suffering is reasonable. Thus, without examining the defendant's argument of unfair sentencing, the guilty part of the judgment below is reversed under Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
【Discrimination of facts and the summary of evidence” of the facts constituting a crime and the summary of evidence acknowledged by the court below are as follows in the first head of the facts constituting a crime of the court below. “The defendant committed each of the following crimes in the state that the defendant lacks the ability to discern things or make decisions due to mental illness, such as Cho Jae-in, etc., and the summary of evidence added “medical certificate, etc.” in the summary column of evidence as stated in each corresponding column of the court below. Thus, it is cited as it is in accordance with Article
Application of Statutes
1. Relevant Article 245 (1) of the Criminal Act, the choice of punishment for the crime, Article 245 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;
1. Articles 10(2) and (1) and 55(1) of the Criminal Act, which are statutory mitigation;