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Defendant
In addition, the appeal filed by the person who requested the medical care and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the part of the Defendant’s case (unfair sentencing) that recognized the Defendant’s mistake and reflects the Defendant’s mistake (hereinafter “Defendant”) and the Defendant’s person in charge of the medical care and custody (hereinafter “Defendant”), the Defendant’s injury and exchange caused by the early illness, and the symptoms were affected by the crime of this case, and the Defendant’s family life was at the young age, and the Defendant’s family members wanted to have the Defendant’s wife, the lower court’s punishment (one year of imprisonment) against the Defendant’s case is too unreasonable.
B. Since the part of the claim for the treatment and custody of the Defendant’s medical care and custody had a mental state at present and had a view to active treatment by his/her family, there is no risk of re-offending, it is unreasonable to place the young age Defendant at the treatment and custody that can be detained for a longer period than the term of the Defendant
2. Determination:
A. As to the part of the case of the defendant, the fact that the defendant recognized the crime, the fact that the defendant appears to have committed the crime of this case in the state of mental and physical weakness caused by the Chon's illness, and the fact that the damage caused by the crime of attempted special injury has not been realized is favorable to the defendant.
On the other hand, in full view of all the circumstances, including the Defendant’s age, sex behavior, motive, means, and consequence, and the circumstances after the crime, the lower court’s punishment on the part of the Defendant cannot be deemed unfair because it is too too unreasonable, by taking account of the following factors: (a) the Defendant was taking a fire extinguisher toward the victims on the fourth floor of large shopping mall used by many and unspecified persons; and (b) the head of remaining in Korea without any reason; (c) the crime of this case was committed during the period of repeated crime resulting from the same crime; (d) there was no effort to recover the damage; and (e) the Defendant’s age, sex behavior, motive, means, and consequence; and (e) the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime.
Therefore, the defendant's argument of sentencing is justified.