Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of stopping each of the instant crimes, the Defendant was in a state of mental disability due to mental illness, such as decentralization, depression, etc.
B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the records of mental illness, it cannot be deemed that the defendant was in a state of lacking the ability or decision-making ability to discern things due to mental illness, such as protemination disorder and depression, etc. at the time when he committed each of the crimes of this case, in light of the circumstance before and after the commission of each of the crimes of this case, the circumstance leading to each of the crimes of this case, the circumstance leading to each of the crimes of this case, and the defendant's behavior at the time, etc., although the defendant was found to have been under the diagnosis by the Seoul Medical Center, Seoul Medical Center on April 5, 2012, and received a outpatient treatment. Thus, it cannot be deemed that the defendant was in a state of lacking the ability or decision-making ability to discern things due to mental illness (According to the medical record of the Seoul Medical Center, according to the medical record of the Seoul Medical Center, the defendant suffered difficulties in appraising from around February 2, 2012, after the considerable time when he committed each of the crimes of this case.)
B. Although the defendant's mistake of unfair sentencing is against the defendant, and there are favorable circumstances for the defendant, such as the victim F, who expressed his/her intent that the defendant would not want the defendant's punishment, the defendant committed each of the crimes of this case during the period of repeated crime for which 8 months or more have passed since he/she was sentenced to imprisonment for the crime of assault and bodily injury, and 4 days or more from the time he/she was released from prison, and there was a record of punishment several times due to the same crime, and other motives and developments leading up to each of the crimes of this case, the defendant's age, character, behavior, environment, etc.