Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal: Unfair sentencing; and
2. Determination
A. We also examine the Defendant and the prosecutor’s allegation of unfair sentencing regarding “induception”.
Although the defendant made a confession of all the crimes of this case and committed each of the crimes of this case with weak mental or physical disorder, as shown below, the defendant committed each of the crimes of this case on the other hand, on the other hand, even though there have been many criminal records, which have been punished for the same kind of crime, and the victims' emotional harm assessment still seems not to have been recovered, in full view of the relationship between the defendant and the victim of the assault of this case, the relationship between the defendant and the victim of the crime of this case, the details and contents of each of the crimes of this case, the result of the damage, the situation after the crime, and other various circumstances shown in the arguments and records of this case, including the defendant's age, occupation, environment, family relationship, especially income and economic form, the sentencing of the court below that sentenced the defendant to a fine of 5
Therefore, the prosecutor's assertion of unfair sentencing on this point is justified, while the defendant's assertion of unfair sentencing against this point is difficult to accept.
B. After ex officio determination, we examine ex officio whether the Defendant’s “mental disorder” is “mental disorder.”
The Defendant had been receiving medical treatment since 20 years ago due to a mental disorder accompanied by a alcohol use disorder, etc. However, around November 13, 2019, the Defendant was diagnosed and treated as “the anti-competitive disorder (e.g., une., une., uneasiness), detailed uneasy disorder, or unknown mental and behavioral disorder caused by alcohol use” by showing the aggravation of drinking behavior around November 13, 2019.
[Investigation Records 39 pages] The above circumstances are different, and when comprehensively considering each of the crimes of this case committed on December 20, 2019 and the criminal defendant's behavior at the time of the crime of this case, the defendant is a main offender and a branch soldier's depression at the time of the crime of this case.