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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment (one-year imprisonment) imposed by the Defendant and the person against whom the attachment order was requested by the lower court (hereinafter “Defendant”) is too unreasonable.
B. Prosecutor 1) In estimating the background of the instant crime for mitigation of mental and physical disability and the Defendant’s attitude before and after the instant crime, etc., it cannot be deemed that the Defendant did not lack the ability or decision-making capacity to discern things at the time of the instant crime. Nevertheless, the lower court determined that the Defendant was in a state of mental disability due to mental disorder at the time of the instant crime, and mitigated punishment pursuant to Article 10 of the Criminal Act. In so doing, the lower court erred by misapprehending the facts concerning the Defendant’s mental and physical state or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s
2. Determination
A. As to the prosecutor’s assertion that mitigation of mental disorder is illegal, the lower court: (a) around January 25, 2010, the Defendant received medical treatment from K Hospital by means of social fear, mental fission, editing, etc.; (b) thereafter, he/she was entering and leaving a mental hospital in several locations prior to the instant crime; and (c) conducted mental sentiment against the Defendant, the Defendant was emotionally uneasible, easible, and easible, and the Defendant’s emotional sentiment inherent in mind; and (d) is a patient with a mental disorder that shows symptoms, such as the tendency of the relevant accident, efficial accident, and easing the snow, etc. at the time of the instant crime; and (b) presented his/her opinion that the Defendant was presumed to have been in a state of mental disorder whose decision-making ability was somewhat deteriorated due to combined influence, such as the foregoing mental symptoms, alcohol intake, etc.; and (c) presented the Defendant’s attitude or content.