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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. Defendant 1) The Defendant with mental disorder was in the state of mental disorder or mental disability due to drinking at the time of the instant crime. (2) The lower court’s punishment on the part of the Defendant’s case with unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
B. The lower court’s sentence on the part of the Defendant’s case against the prosecutor is too uncomfortable.
2. Part of the defendant's case
A. According to the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, it is not deemed that the Defendant was in a state of having weak ability to discern things or make decisions due to drinking, etc. at the time of committing the instant crime, in full view of the following: (a) although the Defendant was aware of drinking alcohol at the time of committing the instant crime, the Defendant’s memory to some extent at the time of committing the instant crime, including the fact that the Defendant immediately escaped after committing the instant crime; and (b) the background leading up to the instant crime, the means and method of
B. The Defendant’s mistake and reflects on the assertion of unfair sentencing between the two parties, and the crime of this case is in the relationship between the previous offense and the latter concurrent offense under the latter part of Article 37 of the Criminal Act, taking into account the equity with the case where the above two crimes are concurrently adjudicated, and the crime of this case is committed attempted, and the Defendant bears the degree of KRW 3 million out of the medical expenses up to seven million up to the present time.
However, the crime of this case is intended to kill the victim's head, who had a usual bad faith for the reason that the defendant was dead, and attempted to kill the victim's head, and the crime is also very serious. Accordingly, the elderly victim (the aged 87) suffers from serious injury, such as cutting down the body of the floor, cutting down the floor, cutting down the closed throst, and cutting down the light bones, and cutting down the string, etc., which require eight weeks of treatment, in particular.