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The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal doctrine, the Defendant suffered from the extreme constant disorder, and around February 2017, around the time of the occurrence of the instant case, there was a lack of judgment ability to make decisions by misunderstanding the legal doctrine.
Nevertheless, the judgment of the court below which did not recognize the defendant's mental weakness due to mental disorder is erroneous in the misapprehension of legal principles.
B. The lower court’s sentence (2.5 million won, 2.5 million won, and 2.5 million won) against an unfair defendant in sentencing is too unreasonable.
2. Review of the record of the instant case’s assertion of misunderstanding of legal principles reveals the following facts.
A. The Defendant’s mental medical history (1) showed a warning certificate in 2012, and was treated by AA’s psychiatrist around November 201, 2012, and was under imprudent treatment.
② From the beginning of December 2016, the Defendant appeared to have climatic symptoms, such as the growth of the weather, the increase of the number of horses, and the decrease of the water surface. On January 13, 2017, the Defendant experienced post-accidents, the climatics, and interest symptoms after traffic accidents. On February 2017, 2017.
From December 2, 2016 to February 2, 2017, the defendant diagnosed that there is a high possibility of aggressive speech and behavior as a state of progress with light evidence.
③ From February 15, 2017 to February 22, 2017, the Defendant visited the AB Mental Health Department at three times to undergo the diagnosis “stimulative disorder,” and the Defendant himself/herself is still fine.
The above Council members did not prescribe the drugs because they did not take the drugs that have been under the negative mind of the drugs.
At the time of medical examination and treatment, the doctor who diagnosed the defendant is likely to cause abnormal damage to the defendant, excessive energy, self-esteem, decrease in self-esteem, decrease in desire for the water surface, non-accident of the accident, over-curance to the outside, and a sudden result.