상해치사
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
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 weakness due to mental illness and drinking.
B. The sentence sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.
2. According to the evidence duly adopted and examined by the lower court and the lower court, including the written appraisal of the Defendant’s mental health report at the medical care center of the Ministry of Justice, etc., on the determination of the Defendant’s assertion of mental and physical weakness, following the following: (a) the Defendant: (b) was under operation for the surgery for the medication and the removal of dyssis due to damage to two parts on July 5, 2014; and (c) the Defendant was under hospital treatment from around August 14, 2014 to December 16, 2014; (b) the Defendant was under hospital treatment from around November 24, 2015 to around January 16, 2016; and (c) the Defendant was under the influence of alcohol, such as mental disorder, alcohol disorder, etc. at the time of the instant crime; and (d) the Defendant was unable to memory his photograph, etc. at the time of the instant crime, and was found to have led to the confession of CCTV, etc.
Examining the background leading to the instant crime, specific methods of committing the instant crime, and circumstances after committing the instant crime, etc., the Defendant ought to be deemed to have committed the instant crime in a state that the Defendant committed the instant crime under the lack of the ability to discern things or make decisions due to mental illness and drinking, such as the instant mental disorder, alcohol use disorder, etc. at the time of committing the instant crime.
Therefore, the defendant's above assertion is justified.
3. As seen earlier, the Defendant’s mental and physical weak argument is well-grounded, without having to decide on the unfair argument of sentencing (see, e.g., the following part of the grounds for sentencing), and pursuant to Article 364(6) of the Criminal Procedure Act, the lower judgment is reversed and the following is again determined after pleading.
Criminal facts
(b).