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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
Reasons
The Defendant, at the time of the instant crime, was suffering from pinson’s disease, and was in a weak state of ability to discern things or make decisions.
The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.
Judgment
According to the records of this case regarding the assertion of mental and physical loss or mental weakness, even though the defendant was suffering from pinson's disease at the time of the crime of this case, in view of various circumstances, such as the process, process, means and method of the crime of this case, and the circumstances after the crime, the defendant used a medicine for the treatment of the above disease or the disease, and thus, the defendant was in a state of lacking ability to discern things or make decisions.
Therefore, the defendant's above assertion is without merit.
It is recognized that the crime of this case was committed without being aware immediately after the judgment was sentenced to the same kind of crime with regard to the illegal argument of sentencing, and that there was a record of punishment several times for the same crime.
However, in full view of all the sentencing factors indicated in the records and arguments of the Defendant, including the Defendant’s age, sex, environment, motive and consequence of the crime, circumstance after the crime, etc., it appears that the sentence imposed by the lower court is somewhat unreasonable.
In the end, this part of the defendant's argument is justified.
In conclusion, the defendant's appeal is partially reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below.