폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant was under the influence of alcohol at the time of committing the instant crime; (b) was in a state of mental disability; and (c) the lower court’s imprisonment (one year and six months) was too unreasonable.
2. Determination
A. In full view of all the circumstances, such as the means and method of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc., indicated in the judgment on the assertion of mental and physical disability, it is deemed that the fact that the Defendant was under the influence of alcohol at the time of each of the instant crimes is recognized, but the Defendant did not have the ability to discern things or make decisions at the time of the instant crimes.
Therefore, this part of the defendant's argument is without merit.
B. The circumstances favorable to the Defendant include: (a) the Defendant appears to have divided his mistake into and reflect against his own mistake; (b) the Defendant appears to have caused the instant crime by contingently while pursuing the relationship between the male and female of the victim; and (c) the Defendant’s health is not good.
However, the crime of this case was committed by the defendant as a beer disease, which is a dangerous object for the head of a female victim, and the nature of the crime is not less severe in light of the risk thereof, and there are many criminal records of violence committed by the defendant, up to the trial court, the agreement with the victim or the recovery of damage was not made, and the crime of violation of the Punishment of Violences, etc. Act (injury by collective weapons, deadly weapons, etc.) was committed for three years at the lowest sentence of the statutory penalty, and was sentenced to the lowest sentence already reduced by the court below. In full view of all other factors such as the defendant's age, character and behavior, motive for the crime of this case, and circumstances after the crime, etc., it is determined that the sentence of the court below is appropriate.
Therefore, the defendant's assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless.