특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. At the time of committing each of the instant crimes with mental disorder, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol.
B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the assertion of mental disorder, even though the Defendant was deemed to have a drinking condition at the time of each of the crimes in this case, in light of the course, process, means and method of each of the crimes in this case, the Defendant had no or weak ability to discern things at the time of each of the crimes in this case, and in view of the Defendant’s behavior before and after the crime
subsection (b) of this section.
Therefore, the defendant's above assertion is without merit.
B. Each of the instant crimes with regard to the determination of the illegality of sentencing is an unfavorable circumstance to the Defendant, in light of the following: (a) each of the instant crimes committed by the Defendant, by assaulting and injuring the Victim C due to any item, etc., which is a dangerous object; (b) assaulting the Defendant F, which is not appropriate for such offense; (c) the Defendant was unable to agree with the victims; and (d) having been
On the other hand, each of the crimes of this case, including the fact that the defendant made confession of all of the crimes of this case, and his mistake is divided in depth, and the victim C was punished by the suspension of the execution of imprisonment due to the crime of larceny by intrusion upon residence, which stolen his mobile phone at night, by intrusion upon the defendant's house at night. The crime of assault against the victim F appears to have occurred in the course of bullying, such as the victim's moving away from the vehicle while driving the vehicle by driving the vehicle, and has concealed it, for a long time. The crime of assault against the victim F also committed the crime of assault against the defendant by the victim F was committed by the victim F (the age of 12 at that time) who was his her son, and then, it seems to have occurred in the course of dispute over the defendant's humbing.