폭력행위등처벌에관한법률위반(상습특수상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
1. Summary of grounds for appeal;
A. The Defendant, who was physically and mentally weak, committed the instant crime in a state of mental and physical weakness due to the shock disorder, etc.
B. The sentence of the lower court (two years and six months of imprisonment) which declared unfair sentencing is too unreasonable.
2. Determination
A. According to the record of the determination on the assertion of mental and physical weakness, the Defendant complained of the symptoms of the “cognive and aggressive behavior, etc.” around 2013, and was hospitalized at the O hospital located in the Chungcheongnam-gun, and there is considerable possibility to prevent aggressive behavior without controlling decentralization in the event of emotional depression and severe stress conditions. However, in light of various circumstances, such as the background leading up to the instant crime committed, and the Defendant’s act before and after the instant crime, etc., the Defendant had the ability to discern things or make decisions at the time of the instant crime.
It is difficult to see it.
The defendant's above assertion is rejected.
B. Although the crime of this case was committed on three occasions due to the Defendant’s violation of the Punishment of Violences, etc. Act, it is not deemed that the Defendant again committed a crime during the period of repeated crime, and the degree of assault is bad, and that the crime of this case is not weak.
However, according to the mental appraisal results against the defendant, although the defendant did not reach the level of mental and physical weakness at the time of committing the crime of this case, the defendant shows symptoms of "specific impossibility personality disorder" which appears to have been combined in terms of "the repetitive and harmful alcohol abuse or dynamic and dynamic, which could not properly control over the past," and these symptoms appear to have functioned as one of the main causes of the crime of this case. The defendant made efforts to prevent violence against many cases and accidents in the past that caused the above symptoms and drinking, etc.