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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Unreasonable sentencing of the Defendant case: The lower court’s imprisonment (three years of imprisonment) is too unreasonable.
B. The Defendant and the applicant for a medical treatment and custody case (hereinafter “Defendant”) are not a medical treatment and custody center, but rather a medical treatment and custody center, and it is more effective to receive medical treatment at a medical institution within society under the care of their family members. Thus, the medical treatment and custody claim
2. Determination
A. As to the Defendant case, the relevant legal doctrine refers to the case where the sentence of the lower judgment is too heavy or too minor in light of the specific contents of the case. In a case where there is no change in the conditions of sentencing compared to the lower court, and the sentencing of the lower court does not deviate from the reasonable scope of the discretion, the appellate court is reasonable to respect the sentencing of the lower court. On the other hand, in full view of the following factors: (a) in the event that the lower court’s determination of sentencing was deemed to have exceeded the reasonable bounds of the discretion; or where it is deemed unfair to maintain the sentencing of the lower court in full view of the materials newly discovered in the course of the appellate court’s sentencing hearing, the appellate court should reverse the unfair judgment of the lower court (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).
A. The lower court: (1) The instant crime was committed under the circumstances that: (a) the Defendant attempted to kill the victim’s face in the victim’s face; (b) attempted to kill the victim’s head in several times; (c) the Defendant’s frighting method or content was cruel; and (d) the degree of the victim’s injury was serious; and (b) the Defendant’s frighting method or content was cruel; and (c) the Defendant’s frighting of things due to mental illness.