Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to mental illness and bodily injury.
2) The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.
2. The following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the assertion of mental disorder: (i) the Defendant was treated at the negotiology from around April 2005 due to the dynamic disorder and alcohol ozone disorder; and (ii) the Defendant’s medical doctor who was in charge of treating the Defendant shows symptoms, such as uneasiness, aggressive behavior, aggressive behavior, storm, dispute with the surrounding people after drinking, decline in the ability to determine due to emotional distress; and (iii) a long-standing genetic disease has a serious capacity to the ability and social function; and (iv) the Defendant could easily have seen significant behavior by taking drugs for treating the same disorder without taking the drugs for the same disorder.
In full view of the following facts: (a) the Defendant’s leakage and neighbors stated that the Defendant was violently changing at the time of drinking; (b) the Defendant appears to have committed the instant crime under the influence of alcohol; and (c) other circumstances before and after the instant crime, and other means and methods before and after the instant crime, it can be acknowledged that the Defendant had the ability to discern things or make decisions due to the decline in the ability to make judgment due to mental illness and satisfaction.
Therefore, the defendant's argument about mental and physical weakness is reasonable (which does not seem to have reached the state of mental and physical loss). 3. Thus, the defendant's argument about mental and physical weakness is reasonable, and thus, the judgment on the defendant and the prosecutor's argument about sentencing is omitted.