폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was under the influence of alcohol at the time of each of the instant crimes, or was in weak mental and physical conditions due to mental illness. 2) The sentence sentenced by the lower court of unreasonable sentencing (two years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. According to the evidence duly admitted and investigated by the court below as to the defendant's claim of mental suffering, the fact that the defendant has a liveric disease and requires pharmacologic treatment to treat it, and the fact that the defendant had drinking at the time of each of the crimes of this case is recognized as having been subject to pharmacologic treatment at the time of the crime
In light of the fact that there is no circumstance to deem that there was an outbreak of an infectious disease or that there was no other circumstance, and the background leading up to each of the crimes of this case, the means and methods of committing the crimes, the act of the defendant before and after the crime, etc., the defendant cannot be deemed to have been under the influence of alcohol at the time of each of the crimes of this case, or to have reached a state where the ability to discern things or make decisions is weak
B. There are circumstances favorable to the Defendant, such as: (a) the Defendant appears to have recognized all of the instant crimes and the attitude of reflecting them; (b) the need for pharmacologic treatment as he/she suffers from a liver disease; (c) the agreement with the victim F; and (d) there was no history of punishment for the same kind of crime.
However, each of the crimes of this case committed by the defendant was committed by the victim F, who had been in a relationship with customers several times for a period of nine months, and committed an injury to the victim F, due to an sweaking, sweld, sweld, sweld, sweld, sweld, sweld, sweld, and so on, the motive and nature of the crime is very good.