상해등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of each of the crimes in this case, the Defendant was in a state of mental disability or mental health disorder, even though he was under the influence of alcohol, even though he was under the influence of alcohol.
B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below, the defendant was under treatment due to an anti-competitive disorder, and a certain degree of drinking at the time of the crime of this case, but in light of all the circumstances such as the background, contents, means, methods, and circumstances after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions due to the anti-competitive disorder and drinking at the time of the crime of this case.
Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.
B. The Defendant did not have any record of punishment exceeding the suspension of execution, and recognized the mistake of each of the instant crimes, and is in profoundly against its depth.
There are circumstances in which the defendant supports two children who have been divorced from the wife other than the wife who has taken the drug for a long time due to a long period of public disorder.
However, the Defendant has a history of criminal punishment on several occasions, and there is a need to strictly punish the Defendant even during the period of suspension of execution, by committing a crime of injury or insult in the instant case, while driving under influence of alcohol.
The Defendant, without any particular reason, she resisted the victim of the instant injury by cutting the gap between the vehicle on which the victim was aboard and resisting the victim, and caused the victim's injury, such as the brine of a fat requiring treatment for about four weeks by taking the face of the victim into several times, and the police officers dispatched to that time take a bath for one hour, thereby insulting the police officers to commit a crime.
Although the victim of the instant injury spent at least 6 million won of medical expenses, it is agreed with the victim.