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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of weak mental disorder that lacks the ability to discern things or make decisions.
B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental and physical weakness, the fact that the defendant committed the crime of this case while drinking alcohol can be acknowledged. However, in light of the background of the crime of this case known by the above evidence, the circumstances before and after the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it cannot be deemed that the defendant did not have a weak mental and physical disorder that lacks the ability to discern things or make decisions at the time of the crime of
B. The instant crime of determining the illegality of sentencing is highly poor since the Defendant committed the instant crime with a strong aim of cutting off cage cages by cutting off the elderly victim F with the strong shouldering of the elderly victim F and shouldering the shoulderer disease to the victim E, and the knife with a knch with a chest wall.
On July 14, 2017, the Seoul Western District Court sentenced the defendant to one year of suspension of the execution of six months of imprisonment with prison labor due to interference with the execution of official duties, which became final and conclusive on July 22, 2017, and even during the period of suspension of execution, the above judgment was not less than three months from the date when the above judgment became final and conclusive, and therefore, committed the instant crime.
It is necessary to strictly punish the defendant as it seems that such defendant significantly lacks compliance consciousness and effort to prevent recidivism.
However, the Defendant was committed with committing the instant crime, and his mistake has been repented in depth.
In the court below, the defendant agreed with the victim E, and the victim F does not want the punishment of all the above victims by agreement with the victim F.
The defendant is a victim F.