폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, under the influence of alcohol, has committed each of the crimes in this case under the state of mental disability.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is excessively unreasonable.
2. Determination
A. According to the record of the judgment on the claim of mental disability, even though the defendant was found to have been drinking alcohol at the time of committing the crime, in light of the defendant's reputation, the background and process of committing the crime, the means and method, the defendant's behavior before and after committing the crime, etc., it does not seem that the defendant had the weak ability to discern things or make decisions under the influence of alcohol at the time of committing the crime, but even if so, Article 10 (2) of the Criminal Act applies to the defendant's act because the defendant's act constitutes a person who predicted danger and caused a mental disorder by drinking alcohol. Thus, the above argument by the defendant is groundless
B. It is recognized that the defendant's assertion of unfair sentencing is against the defendant's confession of crime.
However, the Defendant’s previous convictions due to violent crimes are ten times (three times, three times, and seven times, and seven times) or more, and there is a possibility of repeating a crime due to a large number of criminal convictions due to frauds, and the Defendant repeatedly committed each of the instant crimes without being aware of even during the repeated crime period; the Defendant committed the instant crimes without being aware of the fact that agreement or injury with the victims has not yet been recovered until the time of the offense; and other circumstances, such as the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and circumstances after the crime, are considered unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.