폭력행위등처벌에관한법률위반(상습상해)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The defendant has not inflicted any injury upon the victim in light of the facts stated in the judgment of the court below.
B. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.
C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. The defendant alleged the same purport as this part of the grounds for appeal in the court below's determination of mistake. However, the court below found the defendant guilty of the facts charged in this case by compiling the evidence duly adopted and investigated, and rejected the defendant's above assertion on the grounds of detailed reasons under the title "a judgment on the defendant's assertion". The court below's determination in comparison with the records is just and acceptable, and there is no error of law of misunderstanding of facts as alleged by the defendant. Thus, the above argument by the defendant is without merit.
B. The defendant's judgment as to the claim of mental disability is recognized as having drinking alcohol at the time of the crime of this case, but he testified to some extent about the progress before and after the crime of this case, such as the defendant's behavior before and after the crime of this case, the situation after the crime of this case, the defendant's behavior, the situation after the crime of this case, and the circumstance that the defendant had been present while drinking at the time, the victim's side and the trial expenses were punished, and the defendant seems to have been well aware of the possibility that he would have been able to exercise violence at the time of the withdrawal of alcohol if he was a person who had been punished several times in the state of drinking. Thus, the defendant's argument is not reasonable.
C. The injured party’s injury on the assertion of unfair sentencing is assessed.