강도상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 was in the state of mental and physical disorder by acquiring the instant crime at the time of the instant crime. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. According to the records on the Defendant’s mental and physical argument, even though the Defendant was aware of drinking at the time of committing the instant crime, in light of the motive and circumstance of the instant crime, the means and method of the crime, the Defendant’s behavior and attitude before and after the instant crime, etc., it cannot be deemed that the Defendant had the ability to discern things or make decisions at the time of committing the instant crime, and thus, the Defendant’s mental and physical disorder assertion is without merit
B. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor is found to have been committed by the Defendant who attempted to steals a Handphone, and the nature of the crime is bad, and the mental and physical suffering suffered by the victim is deemed to have been considerable. As such, a strict punishment against the Defendant is deemed to have been imposed.
However, in full view of the following: (a) the Defendant appears to have committed the instant crime under the influence of alcohol; (b) the Defendant’s Handphone was discovered by the police and returned to the victim; (c) the degree of the victim’s injury was not serious; and (d) the victim did not want the punishment against the Defendant by mutual consent with the victim in the first instance trial; (b) the Defendant was a juvenile of 18 years of age, who has not yet been physically and physically mature; and (c) his personality was formed and has been formed; and (d) other all the sentencing conditions indicated in the instant argument, including the Defendant’s age, character and behavior, family environment, motive and circumstance leading to the instant crime; and (e) the conditions of the sentence imposed by the lower court are too unreasonable.