Text
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for two years.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the court below on the defendant and the candidate for medical treatment and custody (hereinafter referred to as the "defendant") with respect to the part of the defendant's case is too unreasonable.
B. The lower court’s determination that ordered medical treatment and custody to the Defendant on the part of the medical treatment and custody case is unreasonable, although the Defendant is
2. Determination
A. Although the nature and circumstances of the crime of this case regarding the part of the defendant's case do not seem to be somewhat weak at the time of the crime, considering various circumstances favorable to the defendant, such as the fact that the defendant's ability to discern things or make decisions on the will was extremely weak, the defendant's mistake is divided, the victims do not want the punishment of the defendant, the mother of one of the victims is responsible for causing the crime of this case, and the defendant's wife who is one of the victims want to be responsible for causing the crime of this case, and there is no history of the crime against the defendant, the punishment of the court below is deemed to be undue than the extent of the defendant's responsibility.
The defendant's assertion of unfair sentencing is justified.
B. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below as to the part of the medical treatment and custody case, the defendant was in a state of mental disorder due to the injury and injury caused by the current state of view, such as the network of operation, the spread of accidents, the spread of self-deficial and unrealistic accidents, etc. at the time of committing the crime of this case, and it can be recognized that the defendant requires medical treatment in the future for an illegal period. In light of the fact that the defendant was not only his mother who was in conflict with the other party in the state of extreme emotional distress and that there was a non-discriminatory attack against the other party in the site of the birth, the same type of crime