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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in one year and six months of imprisonment) is deemed to be too unhued and unfair.
2. The crime of this case recognized by the evidence, evidence, rule of evidence, and legal principle is recognized as an unfavorable sentencing factor or neutral and objective sentencing factor, such as that the defendant destroyed the toilets that are part of the first floor of the school building by combining them with the existing school building in which the student, etc. is present, and thus, spread to the entire school as a whole, and there is a high risk of property loss as well as human life damage.
However, although the defendant has no record of criminal punishment for the defendant, although he was not judged to a level of mental disorder, he suffers from stimulative disorder, behavioral disorder, etc. prior to the crime of this case as a class 3 of intellectual disability, and led to the confession of the crime of this case, which seriously reflects his crime. The defendant did not spread to other parts of the school than the toilets, so there was no loss of human life or significant property damage, and the defendant's family members agreed to pay compensation to the "Korea Educational Facility Disaster Association of Incorporated Association" designated by the injured school. The defendant's family members were hospitalized the defendant around February 12, 2014 immediately after the crime of this case from the Gyeongnam Mental Hospital and were hospitalized at the Gyeongnam Mental Hospital and received treatment for the stimulative disorder, etc. up to now, it is also recognized that the favorable sentencing factor or the neutral and objective sentencing factor, such as the fact that the defendant was hospitalized from
The above sentencing factors and Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, various circumstances revealed in the arguments, including the circumstances after the commission of the crime, the statutory punishment of the instant crime (a life imprisonment or imprisonment for a limited term of not less than three years), the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (a year to six years), and treatment by the Defendant and their family members.