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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence 1, 2, and 3 shall be confiscated.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the instant crime, was unable to discern things or make decisions due to the emotional illness, such as depression, etc.
B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.
2. Before determining the reasoning of the Defendant’s appeal ex officio, the Prosecutor changed the name of the crime to “special injury”, “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” to “special confinement”, and “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” in the applicable legal provisions, “Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act,” “Article 258-2(1) and Article 257(1) of the Criminal Act,” and “Article 3(1) of the Criminal Act, Article 257(1) of the Punishment of Violences, etc. Act, and Article 27(1)2 of the Criminal Act, Article 27(1) of the same Act, and Article 27(2) of the same Act, respectively, were amended to the lower court’s application for permission.”
However, the defendant's assertion of mental and physical loss is still subject to the judgment of this court, and this is examined.
3. According to the evidence duly admitted and examined by the court below on the Defendant’s assertion of mental and physical loss, it is acknowledged that the Defendant was receiving hospital treatment due to mental illness, such as depression at the time of the instant crime, but in light of the circumstances before and after the instant crime, the method of crime, the specific details of the crime, and the criminal records of the Defendant, etc., it is not recognized that the Defendant was completely disqualified due to such mental illness beyond the state where the ability to discern things or make decisions was weak at the time of the instant crime.