폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등손괴)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant had weak ability to discern things or make decisions due to depression, etc.
B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.
2. Determination
A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the claim of mental disability, it is recognized that the defendant was in a somewhat well-known state, such as suffering of being socially alienated at the time of each of the crimes in this case, but determined that the defendant was not in a state of mental disability at the time of each of the crimes in this case, in light of the following facts: the details and details of each of the crimes in this case; the defendant's attitude and advice and treatment center around before and after the crime in this case; it is not deemed that the defendant did not have the ability to discern things or make decisions due to depression at the time of the
Therefore, the defendant's argument of mental disability is without merit.
B. Although the Defendant’s judgment on the assertion of unfair sentencing is against each of the crimes of this case, the Defendant has already been sentenced to a punishment for the same kind of crime and the execution of the sentence has already been completed, and the quality of each of the crimes of this case is not good. In full view of the fact that the victims of each of the crimes of this case are majority and have not recovered from damage, and all of the sentencing conditions in the pleadings of this case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment is deemed reasonable and it cannot be deemed unreasonable, and thus, the Defendant’s assertion of unfair sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.