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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the respondent for an attachment order (1) The Defendant and the respondent for an attachment order (hereinafter “Defendant”) shall be mitigated on the grounds that the physical and mental weak condition was due to mental illness at the time of the instant crime, and thus, the sentence ought to be mitigated.
2) The punishment sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. Determination on the defendant's case
A. The mental disorder stipulated in Article 10 of the Criminal Act as to the defendant's assertion of mental and physical weakness requires mental disorder other than mental disorder such as mental disorder or abnormal mental condition, which lacks or reduces the ability to discern things or control action accordingly. Thus, even though a person with mental disorder was a person with normal mental disorder at the time of committing the crime, if he/she had the ability to discern things and control action at the time of the crime (see, e.g., Supreme Court Decision 92Do1425, Aug. 18, 1992). According to the evidence duly adopted and examined by the court below, it is recognized that the defendant received mental counseling and treatment for treating exposure, etc., but it is recognized by the above evidence, but, in other words, the defendant has no special change in the situation and place of the crime at the time of each of the crimes in this case, and in light of the fact that there was no other special change in the defendant's mental disorder at the time of each of the crimes in this case, the defendant's ability to change things at the time of the crime in this case was committed.
shall not be deemed to exist.
Therefore, the defendant's mental and physical weak argument is without merit.
B. Each of the instant crimes committed against the Defendant and the Prosecutor regarding each of the unlawful arguments in sentencing is intended for the women who walked against the Defendant.