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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was in a state of mental and physical disability due to an act of labor-saving disorder, etc. at the time of each of the instant crimes. 2) Considering the fact that the Defendant was placed in place of each of the instant crimes, and the Defendant was in profoundly against the mistake, and that the Defendant agreed with the victim, the lower court’s punishment ( imprisonment for April and April, order to complete a program 40 hours, and order to restrict employment for five years) is too unreasonable.
B. Considering the content of the instant crime committed by the prosecutor and the need for strict punishment against the so-called “bandk” crime that the victim received, the lower court’s above punishment is too uneased and unreasonable.
2. We examine the defendant's claim of mental illness, and even though the defendant was under medical treatment due to symptoms of mental illness caused by decentralization at the time of each of the crimes in this case, it seems that the defendant had the weak ability to distinguish the death or make decisions. Thus, the defendant's claim of mental disorder cannot be accepted.
3. Determination on each of the grounds for unfair sentencing by both parties
A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.
In light of the above legal principles, the court below sentenced the defendant to the above punishment on the grounds of sentencing as stated in its reasoning. The circumstances alleged by the defendant and the prosecutor are already considered in the court below's determination of punishment, and there is a new reason to change the sentence of the court below.