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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. At the time of mistake of facts, the Defendant did not commit an injury by assaulting the victims as stated in the judgment of the court below.
B. At the time, the Defendant was in a state of mental disability due to the Maternal flexic disease, etc.
C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of fact, the defendant can sufficiently recognize the fact that the defendant abuseds the victims and inflicted each injury as stated in the judgment below, so the above assertion of mistake of fact is without merit.
B. According to the record on the claim of mental disability, the defendant refused to make a statement and refused to affix his/her signature and seal, from September 25, 2012 to December 5, 2012. In full view of the following circumstances: (a) from September 25, 2012, the defendant was in a state of mental illness at the time of the crime of this case due to aggravation of symptoms, such as the network or exchange, etc., to the extent that hospitalization is necessary; and (b) the defendant was in a state of mental illness at the time of the crime of this case as he/she was arrested in the crime of this case and was investigated by the police; (c) the defendant refused to make a statement and refused to affix his/her signature and seal; and (d) the process and result of the crime of this case, the defendant's act before and after the crime of this case, and all circumstances such as the circumstances after the crime of this case, etc. are considered to have changed the ability of the defendant to make a decision by type of mental disorder at the time of the crime of this case.
3. Accordingly, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing.