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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The court below sentenced the judgment dismissing the prosecution as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Punishment of Violences, etc. Act, and the violation of the Punishment of Violence, etc. Act among the facts charged in the instant case. On the other hand, since the defendant and the prosecutor appealed only the part of the aforementioned conviction, it became final that the dismissal of prosecution is pronounced, the above part is excluded from the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. Defendant 1) Since the Defendant’s mental and physical disorder has a great trouble in shocking impulses from the process of performing a surgery by significantly reducing his head before the instant crime, each of the instant crimes is deemed to have been committed under the lack of the Defendant’s ability to discern things or make decisions. 2) The lower court’s imprisonment (six months of imprisonment) is too heavy.
B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too minor.
3. Determination
A. According to the record on the Defendant’s assertion of mental disorder, it is recognized that the Defendant was diagnosed as the Emotional cerebrovascular and continuously received medical treatment until October 2014.
However, it is sufficient to determine the punishment against the defendant, including the reason for discretionary mitigation, and further, it does not appear that the circumstance is sufficient to deem that the defendant was in the state of shocking the impulse ability up to the extent that the defendant lacks the ability to discern things or make decisions at the time of each of the crimes in this case.
Therefore, this part of the defendant's assertion is rejected.
B. We examine both parties’ assertion of unfair sentencing on the assertion of unfair sentencing.
First of all, the defendant was found to have been suspected of assault, injury, etc. even in 2014, and as a result, on November 21, 2014, immediately before each of the crimes of this case, the defendant was suspended from the execution of imprisonment for six months.