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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable.
B. A prosecutor 1) The fact that a mistake of facts concerning mental disorder or a misunderstanding of legal principles had been diagnosed by a mental disorder before towing alone cannot be deemed to have lacking the ability to discern things or make decisions at the time of each of the crimes of this case. However, the court below erred by misapprehending the legal principles as to a mistake of facts or a mental disorder, thereby affecting the conclusion of the judgment. 2) The sentence imposed by the court below on the defendant by an unreasonable sentencing decision is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court regarding the prosecutor’s mental and physical disorder, the Defendant received treatment by repeating the discharge from a mental hospital on a six-month basis due to alcohol dependence, etc. on about ten (10) years prior to the instant crime. The immediately preceding the instant crime was diagnosed with the mental fluence and alcohol dependence due to the damage network, overwork, cryp, exchange, improper cryp, drinking, etc., and was hospitalized in the F Hospital from April 8, 2013 to October 4, 2013; the Defendant was hospitalized in the F Hospital during the next irregular period (six (six (six (six (6) months) with the mental fluence and alcohol dependence; the Defendant appears to be difficult to find that the Defendant’s mental disorder was unable to receive medical treatment or therapy due to his/her mental disorder on November 8, 2013; the Defendant could not be deemed to have been given a specific statement from the Police Station to the extent that he/she did not appear to have been given medical treatment after committing the instant crime.
However, Article 10 of the Criminal Code is stipulated.