재물손괴등
Defendant
In addition, the appeal filed by the person who requested the medical care and custody is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. There are circumstances favorable to the defendant, such as the fact that the defendant and the victim of the medical care and custody (hereinafter only referred to as the "defendant") committed each of the crimes of this case under the mental and physical weakness due to cerebral cerebral cerebral sis, the fact that the defendant confessions and reflects all of the crimes, the defendant agreed with the victim M related to the crime of damaging property C and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination). The defendant repaid the damage related to the larceny, paid the indemnity amount to H and the insurance company that paid the victim related to the crime of destroying property, and paid the indemnity amount to H and W, the fact that there was no criminal history exceeding the fine to the defendant before the occurrence of the damage caused by the fall accident at the construction site, and the fact that social ties relation is evident.
However, the defendant committed a number of crimes of this case in a short period, and did not receive a letter from many victims.
In full view of such circumstances, Defendant’s age, sex, occupation, environment, family relationship, motive and method of the instant crime, and circumstances after the instant crime, etc., it is difficult to see that the lower court’s punishment is too unreasonable due to its excessive reason.
The defendant's ground of appeal cannot be accepted.
B. As long as the Defendant filed an appeal regarding the Defendant’s case, the appeal regarding the medical care and custody case is deemed to have been filed pursuant to Article 14(2) of the Medical Care and Custody Act. However, since the Defendant and his/her defense counsel expressed their intent not to dispute the medical care and custody case on the grounds of appeal, it is difficult to accept the appeal regarding the part on the medical care and custody case of
3. Conclusion.