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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. The Defendant had a mental and physical disorder at the time of committing each of the instant crimes.
B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. In light of the circumstances leading up to each of the crimes of this case, the contents of the defendant's statement about the defendant, etc., which are acknowledged by the record as to the assertion of mental and physical disorder, it cannot be deemed that the defendant was in a state that he did not have or lacks the ability to discern things or make decisions due to drinking at the time of each of the crimes
B. As to the assertion on unfair sentencing, the crime of this case was committed by the Defendant against the victim D (hereinafter “victim”) who is the mother of the Defendant in three times, and the Defendant committed the crime of this case even if the Defendant had committed a repeated crime after having completed the execution of each sentence on June 13, 2013, by having been sentenced to a suspension of execution for six months at the Changwon District Court on February 24, 2012, and was sentenced to a suspension of execution for an injury, etc. at the Changwon District Court on June 15, 2012, and was sentenced to six months of imprisonment for an intrusion upon residence at the Changwon District Court on December 13, 2012 during the grace period.
However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant was the wife of the defendant who is the victim by mutual consent with the victim, the degree of injury of the victim is relatively excessive, the defendant's refusal to repeat the crime, etc., and the character, conduct and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, etc., and the conditions of sentencing as shown in the records and arguments, the punishment sentenced by the court below is unreasonable.