beta
Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was a person with a history of having received treatment at a mental hospital several times due to alcohol addiction. Defendant 1 was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.
2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. According to the record as to the Defendant’s mental and physical argument, it is recognized that the Defendant had performed alcohol at the time of the instant crime. However, in light of the background of the instant crime, the Defendant’s behavior before and after the instant crime, etc., the Defendant had no or weak ability to discern things or make decisions.
It does not seem that it does not appear.
Even if at the time of committing the instant crime, the Defendant did not or weak such ability.
Even in light of the facts that the Defendant, prior to the instant case, had been provided with both mental and medical treatment by repeatedly committing an act of assaulting his parents while drinking alcohol and failing to control his own, and even after having completed the pertinent alcohol even prior to the instant case and having been punished for the suspension of execution of imprisonment by interfering with the duties of 18 merchants and obstructing the business of the 18 merchants, and committed the instant crime, it seems that the Defendant could have predicted to a certain extent that, when drinking alcohol, his violent tendency would have been revealed to have been likely to cause damage to surrounding family members, etc., and that this constitutes “the occurrence of risk and the mental and physical disorder caused by a person who predicted it,” under Article 10(3) of the Criminal Act, the Defendant cannot be applied with Article 10(1) and (2) of the Criminal Act concerning mental and physical disorder or mental weakness.
B. As to the allegation of unfair sentencing by the Defendant and the Prosecutor