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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was in a state of mental and physical disability due to depression, etc. at the time of the instant crime. 2) In light of the various sentencing conditions of the instant case on unreasonable sentencing, the lower court’s imprisonment (three months of imprisonment) is too unreasonable.
B. In light of the various sentencing conditions in the instant case, the lower court’s above sentence is too uneasible and unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the defendant's mental suffering claim, the defendant is deemed to have been treated in the mental department due to depression, etc., but in light of the motive and background leading up to the crime in this case, the means and method of the crime, the defendant's behavior before and after the crime, the investigation, and the attitude in the trial, etc., it does not seem that the defendant lacks the ability to discern things or make decisions due to depression, etc., and the court below's rejection of the defendant's mental suffering claim on the same ground is just and there is no violation of law of misunderstanding of facts or misunderstanding of legal principles as
Therefore, the defendant's argument of mental disability is without merit.
B. Examining the various sentencing conditions in the instant case regarding the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime committed the Defendant, who was sentenced to imprisonment of one year for a violation of the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) at the Busan District Court on June 19, 2014, committed the instant crime without being aware of the fact that the Defendant committed the instant crime, even though he was sentenced to two years of suspension of execution and was not aware of the suspension of execution, by moving the LPG gas source to the center line near the fourth line of the fourth line of the road in order to express complaints against society.