폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was under the influence of alcohol at the time of the instant crime, and was in the state of mental and physical disability. 2) The sentence sentenced by the lower court of unreasonable sentencing (one year of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. According to the records on the defendant's claim of mental disability, although the defendant was found to have drank alcohol at the time of the crime of this case, in light of the defendant's usual drinking amount, the background and process of the crime, the means and method, the defendant's behavior before and after the crime of this case, etc., it cannot be seen that the defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case. Thus, the above
B. The circumstances favorable to the Defendant include the victim G and J did not want the Defendant’s punishment, the victim’s damage level is relatively not more severe, and the Defendant recognized the instant crime and thus is against the Defendant.
On the other hand, the fact that the defendant was punished for 23 times by violence, and the defendant committed the crime of this case without being aware of the fact that he was committed during the repeated crime period, and the defendant was dismissed and released on the ground that there was no fear of escape, etc. even though he was arrested as a flagrant offender and requested to arrest a flagrant offender due to the crime of paragraph (1) of Article 2 of the judgment of the court below, and that the request for a warrant is likely to repeat the crime, such as again committing the crime, and that the crime is not good, such as
In addition, considering all the sentencing conditions, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable. Thus, each of the above arguments by the Defendant and the prosecutor are all asserted.