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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
A person who applies for a medical care and custody shall be punished.
Reasons
1. Summary of grounds for appeal;
A. The Defendant with mental and physical weakness and the Defendant with mental and physical weakness (hereinafter “Defendant”) at the time of committing the instant crime, and thus, the sentence should be mitigated.
B. The sentence sentenced by the lower court to the Defendant (three years and six months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In the first instance of the trial, the prosecutor applied the law to the effect that the defendant committed the crime of this case in a state of mental and physical weakness, applied the application for changes in the indictment, and applied for changes in the indictment, and the judgment of the court below cannot be maintained any longer due to changes in the subject of the adjudication
Article 10(2) and 10(1) of the Criminal Act, which was amended before the amendment, was charged by the Defendant, on May 15, 2017, at around 10:10, the Defendant reported the victim E (67 tax) who did not have any kind of relationship on the street in the front of Tong-si, Tong-si, Dong-si, Dong-si, Dong-si, to listen to music and listen to drinking and to take the property from the damaged.
Therefore, the Defendant followed about 10 meters of the victim who walked on the road, and used the cres that there are no people around the surrounding area, thereby putting the victim's face at two times in high, sound, and drinking with two times, i.e., “inducing tax base,” and bucks, two times, so as to prevent the victim from resisting against the victim. However, the Defendant attempted to take the property after having the victim walked against the victim, but the victim did not take the property from the wind to the port where the victim suffered approximately 100 meters away from the damaged area, and sustained the victim, such as an open buck, which requires approximately two weeks of treatment.
As a result, the defendant tried to take the victim's property by force, but did so in attempted crimes, and inflicted an injury on the victim.
From January 30, 2016 to January 30, 2016, the Defendant began with her symptoms, such as summons, etc.
2. Until December 25, 2000 medical corporations: the Medical Corporations;