특수상해등
All appeals by the defendant and the prosecutor are dismissed.
1. The court below dismissed the prosecution for the remaining assault of the facts charged in the instant case, and convicted all the remaining facts charged, respectively.
Accordingly, since the defendant and the prosecutor appealed against the guilty portion of the judgment of the court below, the dismissed portion of the above indictment becomes separately determined as it is upon the expiration of the appeal period and excluded from the scope of the judgment of the court
2. Summary of reasons for appeal;
A. Defendant 1) At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness.
2) Improper sentencing (the sentence of the lower court: Imprisonment with prison labor for a period of two years and six months)
B. Prosecution’s improper sentencing
3. Determination
A. According to the record as to the Defendant’s mental and physical disorder, it is recognized that the Defendant was in a state of drinking alcohol at the time of each of the instant crimes, and that the Defendant had no or weak ability to discern things or make decisions at the time of each of the instant crimes, in light of the content of each of the instant crimes, the background leading up to the commission of the crimes, the means and method of the crimes, and the circumstances before and after the crime.
Therefore, the defendant's mental and physical disability cannot be justified.
B. We examine both the Defendant and the Prosecutor’s argument regarding each unfair sentencing of the Defendant and the Prosecutor.
1) The appellate court is reasonable to respect the determination of the first-class sentencing in cases where there is no change in the conditions of sentencing compared to the first-class trial, and the first-class sentencing does not deviate from the reasonable scope of discretion.
2) The lower court: (a) committed each of the instant crimes under consideration of the following: (b) the Defendant reflects the Defendant’s mistake; (c) the Defendant agreed that the Defendant agreed with the Victim C was favorable to the Defendant; and (d) the commission of each of the instant crimes under consideration of the method and content of each of the instant crimes; (b) the Defendant had been punished several times even before, and (c) committed each of the instant crimes during the period of repeated crime resulting therefrom.