특수강도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal by the defendant;
A. In a place where it is difficult for the Defendant to control emotional and psychological confusion due to a stimulative disorder or alcohol dependence, and where it is easy for him to flow with judgment ability, the Defendant was in a state where he lost or weak ability to distinguish and make decisions by drinking alcohol at the time of committing the instant crime.
B. The lower court’s imprisonment (three years of imprisonment) against the Defendant is too unreasonable.
2. Determination
A. According to the evidence on the assertion of mental and physical disorder, the Defendant was treated with alcohol dependence, etc.; the Defendant was deemed to have drinking alcohol at the time of the instant crime, but, in light of the background of the crime, circumstances before and after the crime, and the Defendant’s memory of his criminal process, the Defendant did not have the ability to discern things or make a decision under the influence of alcohol at the time of the crime.
Since it seems that the defendant did not have reached a state or weak, the above argument by the defendant is without merit.
B. The instant crime on the assertion of unreasonable sentencing is a case of taking money and valuables, after holding excessive purchase by the Defendant in advance and threatening him to occupy a normal point and threatening him with a knife, and the nature of the relevant crime is not weak.
However, in full view of all the sentencing conditions, including the Defendant’s age, environment, motive and background of the crime, and circumstances after the crime, the sentence imposed by the court below seems to be unfair because the Defendant seems to be too unreasonable, in light of the following: (a) the Defendant was hospitalized for a long time due to alcohol dependence; (b) the Defendant was released from the Defendant after being hospitalized for a long time; and (c) it was difficult to adapt to society; and (d) there were some circumstances to take into account the motive of the crime in the process of making it difficult to adapt to society difficult; (b) there was no history of punishment more than imprisonment without prison labor after 196.
Therefore, this part of the defendant's argument is justified.
3. Conclusion.