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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, Defendant 1 is deemed to have committed the instant crime in a state of mental and physical disability caused by depression and obsculation of symptoms at the time of the instant case, and the punishment should be mitigated. 2) In consideration of the various circumstances of unreasonable sentencing, the sentence of the lower court (a fine of one million won) is too unreasonable.
B. In light of the fact that the prosecutor had a large number of identical power to the defendant, the sentence of the court below is too uneasible and unreasonable.
2. Determination
A. According to the evidence duly examined and adopted by the court below as to the defendant's mental suffering claim, it is recognized that the defendant was in a state that requires a long-term mental health treatment from around 2006 to due to a recurrence of depression, etc., but further, it does not mean a regular hospitalization or pharmacologic treatment that is essential for the above treatment, and immediately after the crime of this case, the defendant's statement made in the investigative agency after the crime of this case can be acknowledged as follows: his personal history, the environment, such as his family, the circumstances leading to this case, motive, assault, the details of the crime, the situation after the crime, and the victim's statement that there are no peculiar contents. In full view of these circumstances, it cannot be seen that the defendant lacks the ability or decision-making ability to discern things at the time of the crime of this case due to depression and drinking. Thus, there is no reason to discuss appeal.
B. It is recognized that the Defendant had a large number of identical records on the assertion of unfair sentencing by the Defendant and the prosecutor, and that the damage from the instant case has not been completely restored to the trial.
However, the Defendant was leading to the instant crime during the old-age life, and thereafter liquidation of old-age life, economic activities, and faithfully live, and the Defendant’s motive and circumstance of the instant crime, and the motive and circumstance of the instant crime.