beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. The Defendant asserts that the Defendant was in a state of mental disability due to alcohol use, etc., and that he was in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.
B. The Defendant asserts that the sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. In full view of the following circumstances, i.e., (i) the Defendant: (a) caused a mental disorder accompanied by drinking alcohol from the fifth to sixth grade; (b) the Defendant continued hospitalization and outpatient treatment from around 2007 to around 2014 on several occasions; (c) the Defendant appears to have performed a significant amount of alcohol at the time of committing the instant crime; and (d) the mental appraisal letter issued by the Director of the Medical Treatment and Custody Center (the Director of the National Institute of Legal Services) stating that “the Defendant is deemed to have been in a state of mental disorder whose ability to distinguish things and decision-making ability has been deteriorated due to the mental disorder related to the use of alcohol at the time of committing the instant crime; and (d) the Defendant appears to have weak mental disorder-related to alcohol addiction at the time of each of the instant crimes; and thus, (e) the Defendant appears to have weak mental disorder-related to alcohol addiction at the time of the instant crime.”
3. The Defendant’s appeal on the grounds of the reasoning of the judgment on the grounds of unfair sentencing is reversed under Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed, and the appeal is again decided as follows.
[Discrimined Judgment] Criminal facts and summary of evidence against the defendant recognized by the court are as follows: 16th, 2nd, 6th, 10th, 15th, among the criminal facts of the judgment of the court below.