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Of the lower judgment, part of the lower judgment regarding the crime of 2018 order 60 and the crime of 2018 order order 1036 order order and 2.
Reasons
Summary of Reasons for appeal
A. The Defendant had mental and physical loss or mental weakness at the time of committing each of the instant crimes, due to alcohol addiction, depression, unstable disorder, etc.
B. Improper sentencing (as to the judgment of the court of first instance: fine of 2 million won and imprisonment; and fine of 4 months and imprisonment of 2 million won) of the court of first instance (as to the judgment of the court of first instance: imprisonment of 2 months and imprisonment of 2 months) is too unreasonable.
Judgment
A. In the judgment of the court below at its discretion, the appeal case against the judgment below was combined, and the crime of the 2018 Highest 60 Highest 2018 Highest 2018 Highest 10, the crime of the 1036 Highest 1036 Highest 200, and the crime of the 2nd decision of the judgment of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and must be sentenced to one punishment pursuant to Article 38 of the Criminal Act. Thus,
However, despite the above reasons for reversal ex officio, the Defendant’s assertion of mental disorder as to the judgment of the court of first instance and the Defendant’s assertion of illegality in sentencing on the part of the judgment of the court of first instance as to the crime of 2017 order 3307 case is still subject to the judgment of the court of this Court, and
B. The Defendant had symptoms, such as alcohol addiction, depression, anxiety disorder, etc. at the time of each of the instant crimes.
Even if considering the background and process of the crime, the defendant's behavior before and after the crime, etc., it cannot be seen that the defendant has a lack or weak ability to discern things or make decisions. Thus, the above mental and physical disorder of the defendant is without merit.
(c)
In full view of the reasons for sentencing indicated in the records of the instant case, the lower court appears to have reasonably determined by fully considering all the circumstances, including the various reasons for sentencing alleged by the Defendant, and otherwise, the lower court’s punishment on the Defendant appears to have been determined.