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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. In light of the gist of the grounds for appeal and the fact that the accused and the candidate for medical treatment and custody (hereinafter “defendants”) are the primary offenders, the mental fission certificate that occurred during military service results in the instant crime, and the Defendant is working to agree with the victim, the lower court’s imprisonment (three years of imprisonment and medical treatment and custody) is too unreasonable.
2. Determination
A. As to the assertion of unfair sentencing, the relevant legal doctrine refers to cases where the sentence of the lower judgment is too heavy or too minor in light of the specific contents of the case. In cases where there is no change in the conditions of sentencing compared to the lower court and the sentencing of the lower court does not deviate from the reasonable scope of the discretion, the appellate court is reasonable to respect the sentencing of the lower court. On the other hand, in light of the following factors: (a) in the event that the lower court’s determination of sentencing was deemed to have exceeded the reasonable bounds of the discretion; or where it is deemed unfair to maintain the sentencing of the lower court as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review, the appellate court should reverse the unfair judgment of the lower court (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 2) In so doing, the appellate court should reverse the judgment of the lower court on the grounds that the sentence of the lower court is too unreasonable in light of the content of specific cases
The crime of this case was committed in a state where the defendant lacks normal judgment due to mental fission that occurred during military service, and the defendant has no record of crime except for the crime of this case.
Defendant reflects the instant crime.
On the other hand, while the defendant has been in a state of normal judgment due to mental fission, the defendant has reached knife with a knife prepared in advance.