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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant suffered from mental illness such as stimulative disorder at the time of the instant crime, and was in a state of mental disorder.
B. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.
2. According to the evidence examined by the lower court on March 26, 2009: ① the Defendant was judged to have violated the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of the Daegu High Court on March 26, 2009, and was sentenced to medical treatment and custody for two years (2008No487, 2009No209) by deeming that he/she was in a state of mental illness whose ability to make a decision was reduced due to the decline in emotional stability and impulse ability at the time of the said crime; ② the Defendant was hospitalized due to alcohol dependence on April 7, 2017 to June 16, 2017; ② the Defendant was hospitalized for the purpose of committing the instant crime on the Aggravated Punishment, etc. of the Aggravated Punishment, etc. of the Aggravated Punishment, etc. of the Aggravated Punishment, etc. of the Aggravated Punishment, etc. of the Aggravated Punishment, etc. of the Defendant was sentenced to imprisonment with prison labor for more than 10 months from the date of the instant punishment.
In addition, comprehensively taking account of the contents of the Defendant’s instant crime and the details and attitudes in the court, the Defendant could be deemed to have lacking the ability to discern things or make decisions due to the polar disorder, alcohol dependence, etc. at the time of each of the instant crimes.