폭력행위등처벌에관한법률위반(공동상해)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
Defendant of the Prosecutor.
1. Summary of grounds for appeal;
A. Defendant A1) The Defendant was in a state of lacking the ability to discern things or make decisions due to mental illness and drinking caused by the aggravation, etc. at the time of the instant crime. (2) The lower court’s sentence of unreasonable sentencing (10 months of imprisonment) is too unreasonable.
B. The prosecutor's each sentence of the lower court (the defendant A: 10 months of imprisonment; the defendant B: the suspended sentence of 2 years in the month of imprisonment; the community service order of 80 hours; the order to attend alcohol treatment programs of 80 hours in the month) is too unfluent and unreasonable.
2. Determination
A. According to the records on the Defendant A’s claim of mental illness and drinking, even though the Defendant A was suffering from liverness, etc. at the time of the instant crime, and was in a state of drinking, in light of various circumstances, such as the process, method and method of the instant crime, Defendant A’s speech and behavior before and after the instant crime, it does not seem that the Defendant A had a state of weak ability to discern things or make decisions due to mental illness and drinking, such as liverness, etc., and therefore, the above assertion by Defendant A is without merit.
B. Defendant A may have a criminal record of violence against Defendant A, and Defendant A was sentenced to a suspended sentence of one year and six months on February 6, 2014 due to a violation of the Punishment of Violences, etc. Act (collective injury, etc.) on the Punishment of Violences, etc. on February 6, 2014, and Defendant A committed the instant crime during the suspended sentence of one year and six months, and Defendant A did not agree with the victim F and H. On the other hand, he/she recognized his/her mistake. On the other hand, the victim’s damage is minor, the victim B does not want the punishment of Defendant A, the victim B does not want the punishment of Defendant A, and the health of Defendant A is not good. Other circumstances are favorable.