The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes in a state of mental disorder with mental disorder.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant committed the instant crime in a state where knee knee knee-comoing surgery and fele-companion control, etc., is recognized, but it does not seem that the Defendant had the ability to discern things or make decisions.

Therefore, the defendant's argument of mental disability is without merit.

B. Determination of the allegation of unfair sentencing is that the Defendant’s responsibility for exercising non-discriminatory violence against multiple victims is not less and less, and the victim G and H’s intent to punish the victims is maintained, and the Defendant’s unfavorable circumstances are recognized.

On the other hand, it is also recognized that the circumstances favorable to the defendant are also recognized, such as the fact that the defendant committed a crime and reflects the mistake, that the defendant is older than 90 years old, and that the victim B does not have the punishment of the defendant under the agreement with the defendant in the first instance.

In addition, the lower court’s punishment seems to be somewhat unreasonable, comprehensively taking into account the following factors: the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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