Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of lacking ability to discern things or make decisions due to mental illness, such as tidal illness.

B. The defendant asserts that, with respect to the punishment sentenced by the court below (six months of imprisonment), the defendant is too unfasible and unfair. The prosecutor is too unfasible and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the fact that the Defendant received hospitalized treatment due to editing illness from November 3, 2016 to June 29, 2017, after the instant crime was committed is recognized.

However, the defendant made a relatively concrete and detailed statement in the situation at the time of the crime of this case, such as the background of the victim's injury or the degree of injury inflicted upon the victims during the investigation process. It was in a situation where the meaning of the victim's act at the time of

It does not seem that it does not appear.

Therefore, the defendant's argument of mental and physical weakness is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as indicated in its holding, determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances.

Defendant

In addition, the circumstances alleged by the prosecutor on the grounds of appeal are deemed to have already been considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

When comprehensively considering the sentencing conditions, such as the character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines, as shown in the deliberation and arguments of the court below and the party concerned, the sentence of the court below is at the discretion.