강도상해등
All appeals by the Defendants are dismissed.
The Defendants with mental and physical disorder in the summary of the grounds for appeal were under the influence of alcohol at the time of committing the instant crime.
In light of the various sentencing conditions in the instant case, each sentence sentenced by the lower court to the Defendants (4 years and six months of imprisonment) is too unreasonable.
Judgment
According to the records on the assertion of mental disorder, even though the defendants had drinking alcohol at the time of the crime of this case, it is recognized that the defendants had the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, in light of various circumstances such as the circumstance and process leading up to the crime, the means and method of the crime, the defendants' attitude and behavior before and after the crime, and the circumstances after the crime.
It does not appear.
Therefore, the defendants' grounds for appeal disputing mental disorder are without merit.
Examining the various sentencing conditions in the instant case regarding the wrongful assertion of sentencing, the following are favorable to the Defendants: (a) the Defendants have shown both the time of and against the instant crime; (b) each vehicle was returned to the victims of robbery and damage from special larceny; (c) the victims of special larceny agree with the victims; and (d) the victims do not want to be punished by the Defendants; (b) the Defendants appears to have reached the instant crime under the influence of alcohol; and (c) there is no criminal history in Korea.
On the other hand, the crime of this case was committed by the defendants jointly and by driving a vehicle of the victim J on the new wall, but there was no key to the crime of this case.
When the victim F is discovered with the cargo of the victim F while stealinging another vehicle while the vehicle is stolen, or the other vehicle, and when in collusion the victim F who was diving in the cargo vehicle, it takes the victim F with no discrimination, and forcibly takes the victim's cash and the cargo vehicle, and the defendant B took the above cargo vehicle while under the influence of alcohol without a driver's license.