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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendants seem to have committed a crime under the influence of alcohol, it is difficult to view that the Defendants had the weak ability to discern things or make decisions under the influence of alcohol, there is an error of misunderstanding of legal principles in the judgment below which held that the Defendants had a state of mental disability at the time of committing the crime.
B. The sentence imposed by the court below (the three years of suspended sentence of imprisonment with labor for two years, and the two years of suspended sentence of imprisonment for six months) is too uneasible and unfair.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, it is reasonable to view that the Defendants were in a state that they had the ability to discern things or make decisions due to drinking alcohol at the time of committing the instant crime, and thus, the Prosecutor’s allegation in this part is not acceptable.
① The Defendants consistently stated that, from the investigative agency to the court of the court below, they were in the state of drinking alcohol exceeding the nearest level (the Defendant A was in the state of drinking alcohol exceeding one half of one week disease or two illness) at the time when they were in the court of the court below. At the scene of the Defendants, C stated in the court of the court of the court below that “4 persons, including the Defendants, from one’s own situation, drinking alcohol at the first place, 12 illness at the second place.” (The trial record 171 pages) and added up the receipt (Evidence 38 pages) of U.S. store where 12 disease is calculated, the Defendants appears to have served a considerable amount of alcoholic beverages together with two other relatives immediately preceding the crime, which can be objectively satisfied.
With respect to the reasons why the victim K and L were assaulted by the Defendants, three male persons who were on the crosswalk string of the crosswalks are set up and set up a signboard.