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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The seized knife two Busan District Prosecutors' Office on January 2014.
Reasons
1. Summary of grounds for appeal;
A. A. The Defendant was in a state of mental disability at the time of committing each of the instant crimes due to stimulative disorder.
B. The two-year sentence of imprisonment imposed by the court below on the defendant is too unreasonable.
2. Determination
A. According to the record of the judgment on the claim of mental disability, it is recognized that the defendant received hospitalized treatment from the W Hospital located in the north-gu of Busan from May 2001 to November 2009 and received treatment by taking medicine even after taking the treatment, etc., but in light of the background, means and methods of each of the crimes of this case, and the circumstances after the crime, etc., it cannot be deemed that the defendant lacks the ability or decision-making ability to discern things due to the bipolartic disorder at the time of committing the crime. Thus, the defendant's assertion of mental or physical disability is without merit.
B. Each of the instant crimes on the assertion of unfair sentencing is acknowledged, even though the Defendant was in the period of repeated offense, by putting the police officers in desire for a multiple times, to insult or interfere with the performance of official duties, to obtain and use the victim L’s cream card, etc., which is a dangerous object, and to pay the taxi fee, as if he would pay the taxi fee, by deceiving the taxi engineer, thereby failing to pay the taxi fee after using the taxi, and in light of the frequency of the crime and method of the crime, the nature of the crime, and the poor, and the fact that the Defendant had the record of having been punished for the same kind of crime before.
However, the defendant recognized each of the crimes of this case and reflected his mistake, the degree of damage is relatively minor, and the stimulative disorder seems to have influenced the defendant when she committed each of the crimes of this case. The punishment shown in the records, such as the defendant's age, environment, family relationship, occupation, and the circumstances of the crimes of this case.