폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
The defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. The instant crime of mental disorder was committed under the influence of alcohol by the Defendant in a state of mental disorder or mental disability.
B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.
2. Determination:
A. According to the records on the assertion of mental disorder, although the defendant was deemed to have a large drinking at the time of each of the crimes in this case, in light of the means and methods of the crime in this case, the contents of the crime and the circumstances after the crime, etc., such circumstance alone does not seem to have reached a state where the defendant lacks the ability to distinguish things at the time of each of the crimes in this case, and thus, this part of the defendant's assertion is without merit.
B. Each of the instant crimes on the assertion of unfair sentencing is on the basis of our society’s peace and stability, happiness, etc. of a minimum unit of society. As such, the crime of this case is the starting point of the malicious cycle where the Defendant frequently drinks alcohol, and threatens his spouse to use a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.