The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too minor or unreasonable.

2. The fact that the mental disease of the defendant seems to have affected each of the crimes of this case is favorable to the defendant.

However, without any reason, each of the crimes of this case is committed against the village residents, including the victims of old age, with severe violence and verbal abuse, and the nature of the crime is not good, the victims (in particular the victim D), the victims have not recovered from the damage of the victim, the victims have already been punished or was committed for the same kind of crime, and the defendants have already been prosecuted several times, but have not been able to actively make efforts to treat the above mental disease in the future, and the defendant's own effort to realize the symptoms is deemed not to belong to the defendant, and the responsibility for treating the above mental disease is also attributable to the defendant. In full view of various circumstances that appear in the records and arguments of this case, such as the defendant's age, character and behavior, environment, relationship with the victim, motive and consequence of the crime, the circumstances after the crime, etc., the sentencing of the court below is deemed to be unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “The appeal by the defendant is groundless, but the appeal by the public prosecutor is accepted, and thus, the appeal by the defendant shall not be dismissed separately from the disposition of the court below.”

Application of Statutes

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