폭력행위등처벌에관한법률위반(공동상해)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Under the influence of alcohol at the time of committing the instant crime with mental or physical disorder, the person was in a state of mental or physical disability.
B. The lower court’s sentence (two million won of fine) imposed by the Defendant on the Defendant of unreasonable sentencing is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was in a state of drinking alcohol at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of the crime in light of the circumstances leading to each of the crimes of this case, the means and methods of the crime, and the circumstances before and after the crime.
Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.
B. Although there are favorable circumstances, such as the defendant's recognition of the crime of this case and reflects on the argument of unfair sentencing, the fact that the defendant was under investigation by an investigative agency and agreed smoothly with the victim, the defendant suffered damage as a result of a contingent crime in which he was subject to violence from the victim, the defendant had no record of the same kind of crime, and there was a possibility that the crime of this case may be tried concurrently with each crime in the judgment of the court below. However, there are poor circumstances that the defendant's damage caused by the crime of this case is not easy, and the crime is not poor, and the degree of punishment related to the crime of this case B and E, the defendant's character and conduct, the criminal records, the relationship with the victim, the motive and means of the crime of this case, the relationship with the victim, the circumstances after the crime of this case, etc., the above assertion by the court below is reasonable, and there is no reason for the defendant's assertion.
3. As such, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.