특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
A seized knife (No. 1) shall be confiscated.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability due to the proof of alcohol alcohol, shock disorder, and obsession.
B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment and confiscation) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant is deemed to have had the ability or weak ability to make a decision on the object due to the symptoms or alcohol at the time of the crime of this case, in light of the circumstance leading up to the crime of this case recognized by the record, the method and method of the crime, and the circumstances before and after the crime, etc., although the defendant was found to have received a mental and medical treatment due to the symptoms of alcohol in the past, etc., the above argument by the defendant cannot be accepted.
B. The instant crime of determining unfair sentencing is an unfavorable circumstance to the Defendant, in light of the risk of the Criminal Procedure Act and the fact that the Defendant invadeds on the victim’s residence and inflicted an injury on the victim, using a knife, which is a dangerous object without any particular reason.
However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the degree of injury suffered by the victim is relatively minor; (c) the Defendant agreed with the victim in the trial; (d) the Defendant suffers from emotional distress personality disorder and alcohol respect; (b) the Defendant was punished by a minor fine on two occasions; (c) the Defendant was punished by a minor fine; and (d) there was no previous conviction exceeding the fine; and (e) other various circumstances, which are the conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, character and conduct, motive and circumstance of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.
3. Conclusion.