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The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to mental illness, such as influorious illness.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.
2. According to the records of the determination on the assertion of mental and physical disorder, although the defendant was found to have been diagnosed as unsatisfyed bottle at the time of the crime in this case, in light of various circumstances, such as the background leading to the crime in this case, the means and method of the crime, the process of the crime, and the defendant's behavior before and after the crime in this case, it is not deemed that the defendant did not have or lacks the ability to discern things, and thus, the above assertion by the defendant cannot be accepted.
3. The Defendant has many records of having been punished as violent crimes.
The victim did not agree with the victim.
However, the Defendant recognized the crime of this case and opposed to it.
The defendant suffers from decentralization, and the attitude and method of the assault of this case are not severe.
In addition, in full view of all the sentencing conditions in the instant case, such as the character, conduct, environment, family relationship, circumstances and result of the crime, etc., the sentence sentenced by the court below is too unreasonable.
4. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;
1. Attraction of a workhouse;