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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”)
(2) The Defendant invested approximately KRW 300 million in a partnership business with the victim B, but was unable to recover the investment money due to failure to do so each day. As a result, at the time of the instant crime, the Defendant committed the instant crime under the influence of under the influence of undermining the ability or decision-making capacity by under the influence of alcohol without controlling his behavior due to depression, apprehension, coercion, and decentralization. (2) The lower court’s sentence of unfair sentencing is unreasonable because it is too unreasonable.
B. A prosecutor 1) In a case where the sentence of the lower court on the part of the Defendant’s case is mitigated, the lower court’s punishment is too unfilled and unreasonable. 2) In a case where the Defendant’s punishment on the part of the Defendant’s case claiming an attachment order is mitigated, the Defendant may inflict an injury on the victim I after the completion of the term of punishment, and may cause another victim by putting
2. Determination on the part of the defendant's case
A. As to the Defendant’s claim of mental disability, the lower court determined that the Defendant did not lack the ability to discern things or make decisions by comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted:
The Defendant seems to have drank frequently at the time of the crime of this case, and the amount of drinking seems to have been considerable.
① The Defendant, together with the Defendant before the instant case, stated in the police that “The Defendant was under the influence of alcohol while drinking a considerable amount of alcohol at that time, and did not have a large amount of alcohol.” In light of the fact that the Defendant’s blood alcohol concentration measured by the method of recovery of alcohol at the time when approximately two hours elapsed after the instant crime was committed is 0.05%.