특수폭행등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (five months of imprisonment) is too unreasonable.
2. The fact that the judgment of the defendant led to the confession of the crime and reflects on the crime, and that the injured party does not want the punishment of the defendant by the unanimous agreement with the victim is favorable to the defendant.
On the other hand, even though there were many violent crimes, the Defendant committed the instant violent crime by carrying dangerous objects while under the influence of alcohol, and the Defendant appears to have a habit of expressing complaints or exercising violence against others without any special reason when the alcohol is withdrawn, and thus, is highly likely to repeat a crime.
In addition, comprehensively taking account of the circumstances leading to the instant crime, Defendant’s age, sex, environment, circumstances after the instant crime, and the circumstances of the crime committed simultaneously with the obstruction of the performance of official duties as indicated in the judgment below, and various sentencing conditions as indicated in the pleadings and records, such as equity, etc., it is not recognized that the lower court’s punishment is too unreasonable, and thus, Defendant’s assertion is groundless.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.