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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) At the time of committing the instant crime, the Defendant had a large quantity of mental and physical disorder, such as physical disorder, depression, etc., with mental and physical disorder.
2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. According to the records on the Defendant’s assertion of mental disorder, the fact that the Defendant was hospitalized in the hospital three times from around 2009 is recognized as having been receiving medical treatment due to dynamic disorder, depression, etc.
However, the defendant does not express the name, etc. of the medicine he has used.
In addition, there is no evidence to verify that the defendant was able to receive a prescription of a psychiatrist at the time of the crime of this case.
In addition, in light of the background, means and methods of the instant crime, and the circumstances after the instant crime, etc., at the time of the instant crime, the Defendant was either at the time of the instant crime, due to symptoms, such as bipolartic disorder, or the efficacy of mental and therapeutic medicine, that the Defendant had no or weak ability to discern things or make decisions.
It does not seem that it does not appear.
Therefore, the defendant's mental disorder is without merit.
B. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor is an indecent act committed by the Defendant, while being treated by the Defendant, with her m/he was her butt of the hospital nurse at his/her left hand, and thus, the nature of the crime is bad.
The Defendant did not make every effort to recover damage at all, and did not receive any suspicion from the damaged person.
However, the defendant has no criminal history of the same kind, and the degree of his/her criminal conduct is relatively heavy.
Although the body of the defendant is not limited to the degree of physical and mental weakness, it is also favorable to the defendant that the defendant suffers both emulative disorder and depression, even though it is not limited to the physical and mental weakness.
In addition, the records of this case, such as the defendant's age, sex, family environment, background of the crime, and circumstances after the crime, etc.