폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In the event of the instant crime, the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. The lower court erred by failing to make any judgment as to this part of the judgment despite the allegation that the Defendant was in a state of mental or physical disability by stating that the Defendant was in a state of mental or physical disability by drinking alcohol at the time of committing the crime at the court of the lower court, but it is difficult to view that the Defendant was in a state of mental or physical disability at the time of committing the crime, as seen below, and thus, the lower court’s above error did not affect the conclusion of the judgment.
Although the Defendant appears to have been under the influence of alcohol at the time of the instant crime, it appears that the Defendant was under the influence of alcohol at the time of the instant crime. However, even if the Defendant was under the influence of alcohol, he went to the restaurant after having opened the table table, and went to the kitchen, and knife the knife water of the knife, which was under the influence of gas at the gas siren, was spread to the victim who was a restaurant, and the police officer dispatched, was aground with heavy knife in the table. The Defendant stated that the police officer was drinking at the level of two parallels, the degree of the Defendant’s speech, crime, circumstance, and circumstance before and after the instant crime, the Defendant’s attitude after the instant crime was committed, and the Defendant’s statement contents do not seem to have any ability or ability to determine whether the Defendant had the ability to discern things, even if the Defendant was unable to accurately memory the situation at the time of being under the influence of alcohol.
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion of unfair sentencing, the Defendant’s mistake is against the Defendant.