특수상해등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant was in a state of mental disability with weak mental disability, which lacks the ability to discern things or make decisions due to mental illness, such as depression and bipolar disorder.
B. The sentence imposed by the lower court (two years of imprisonment, and 80 hours of order to complete a child abuse treatment program) is too unreasonable.
2. Determination
A. According to the record of the determination on the claim of mental disability, even though the defendant is found to suffer from mental illness, such as stimulative disorder, the defendant does not seem to have reached a state where the defendant lacks the ability to discern things or make decisions due to such mental illness at the time of committing the crime in this case in light of the method of crime and the situation before and after the crime.
Therefore, this part of the defendant's argument is without merit.
B. The Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness on the assertion of unfair sentencing, ought to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, comprehensively taking into account the records and arguments, the sentence imposed by the lower court appears to have been appropriately determined by fully taking account of all circumstances, including various sentencing grounds asserted by the Defendant, and no special circumstance exists to the extent that the sentence of the lower court would change.
This part of the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.