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The judgment below
All part of the defendant B is reversed.
Defendant
B A person shall be punished by imprisonment for not less than two years and nine months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. As to Article 1(2) of the judgment of the court of first instance, Defendant B (1) of the misunderstanding of facts and misunderstanding of legal principles, the Defendant did not memory in the state of mental disorder at the time of committing the instant crime, but the injury inflicted on the victim was not caused by the Defendant. Nevertheless, the lower court erred by misapprehending the fact that the Defendant convicted the Defendant in relation to the instant facts charged, thereby adversely affecting the conclusion of the judgment. 2) As to Article 1(2) of the judgment of the court of first instance
Defendant
B, in a case where only the defendant appealed for mental disorder, the court below held that the defendant was in a state of mental disorder and reduced the mental disability by deeming that the defendant was in a state of mental disorder, and therefore, the defendant's claim of mental disorder is limited to the defendant's claim of mental disorder.
3) Each sentence (the first instance judgment: imprisonment with prison labor for two years, confiscation, additional collection, and additional collection: imprisonment for one year and six months, and additional collection) on which the lower court sentenced the Defendant by an unreasonable sentencing decision. B. The Defendant C’s penalty (the fine of four million won) sentenced by the lower court is too uneasible and unfair.
2. Determination:
A. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently in the trial. Since each of the criminal facts of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, as long as each of the criminal facts of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the defendant B and the second judgment of the judgment of the court of first instance cannot be maintained any more.
However, despite the above reasons for reversal of facts and the defendant's assertion of mental and physical disorder, it is still subject to the judgment of this court, and it will be examined below.
(b).