Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. The lower court rendered a judgment of conviction against the Defendant’s case and the case for which the attachment order was requested, and dismissed the Prosecutor’s request regarding the probation order case.

As the defendant and the person subject to the request for attachment order (hereinafter "defendant") have appealed to this, the part regarding the request for probation order is excluded from the scope of the judgment of this court, notwithstanding the provisions of Articles 21-8 and 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal.

2. Summary of grounds for appeal;

A. The Defendant was in a state of mental illness or mental and physical disability at the time of committing the instant crime due to mental illness, such as an infertility or fluoral disease.

B. The sentence imposed by the lower court (20 years of imprisonment, confiscation) is too unreasonable.

3. Determination on the grounds for appeal

A. According to the judgment of the court below and the evidence adopted and examined by the court below as to the assertion of mental and physical disorder, the fact that the defendant received hospitalized treatment as decentralization, U.S. E. Mag-ri-ri, U.S. E.

However, in full view of the above evidence and the result of the mental appraisal of the defendant at the trial of the party, although the defendant has an intellectual disability, it is not directly related to the crime of this case, it can be recognized that the defendant did not have or lacks the ability to discern things at the time of the crime of this case, and that the defendant did not have or lacks the ability to make decisions.

This part of the defendant's assertion is without merit.

B. The Defendant’s judgment on the assertion of unreasonable sentencing recognized the instant crime and contradicts the wrong determination.

The defendant has grow in a nursery, and the fact that the defendant voluntarily surrendered immediately after the crime of this case shall also be considered favorably.

However, the crime of this case is on the ground that the defendant is under stressed by the victim living in the same sick room while being hospitalized in a mental hospital.