폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The crime of this case with mental disorder was committed under the state of mental disorder or mental disability under the influence of alcohol by the defendant.
B. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of each of the crimes in this case, but in full view of all the circumstances such as the motive, circumstance, means and method of the crime in this case, the defendant's behavior before and after the crime, and the circumstances after the crime, etc., the court below did not have the ability to discern things or make decisions under the influence of alcohol at the
Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.
C. The Defendant appears to have an attitude to reflect on his own criminal act and agreed in the course of the investigation with the victim D and the victim of the assault, etc. are favorable to the Defendant.
However, this case, however, was committed by the defendant as a dangerous object against the victim D and assaulted by the defendant, without the intent or ability to pay the taxi fee, taken in without standing, and insultd by the police officer, and the nature of the crime is not good in light of the content thereof. The defendant is a criminal act during the repeated crime period, and the defendant has been punished not less than 10 times due to the crime of fraud, even though he had the record of being punished by the suspension of the execution of imprisonment due to violence, he went back to each of the crimes of this case. In full view of various circumstances, such as the background, means and method of the crime of this case, circumstances after the crime, the defendant's age, happiness, environment, etc., and other circumstances that form the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments of this case, it cannot be deemed that the punishment imposed by the court below is too unreasonable.
3. Conclusion, the defendant's objection.