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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The Defendant had a mental disorder at the time of committing each of the instant crimes.
B. The lower court’s sentencing is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the above assertion by the defendant is rejected, since it is found that the defendant had taken a certain level of drinking at the time of each of the crimes in this case, but it does not seem that there was a lack of ability to discern things or make decisions.
B. Each of the crimes of this case regarding the assertion of unfair sentencing cannot be deemed to be the case that the defendant uses a knife and threatened or injured victims.
However, in light of all the sentencing conditions shown in the records and arguments, such as the fact that the defendant appeared to have committed each of the crimes in this case by contingency while under the influence of alcohol, that the victims have not been punished for the defendant, and that the defendant's health status is not good after the decision of the court below was made, the sentence sentenced by the court below is unreasonable.
3. According to the conclusion, 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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning the punishment of crimes;
1. Trade name;