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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles on mental and physical disorder, which affected the conclusion of the judgment, since the defendant was in a state that he had no or weak ability to discern things or make decisions by drinking alcohol at the time of committing the crime in this case.
B. The Defendant asserts that, with respect to the sentence of unfair sentencing (six months of imprisonment) by the lower court, the Defendant is too unfasible, and the prosecutor asserts that it is too unfasible and unfair.
2. Determination
A. In light of the background, process, means and method of the instant crime, the Defendant’s behavior before and after the instant crime was committed, etc. as revealed in the evidence duly adopted and examined by the lower court, it is deemed that the Defendant was aware of drinking at the time of the instant crime, but it does not seem that the Defendant did not have the ability to discern things or make decisions, and thus, the above assertion by the Defendant is rejected.
B. As to the assertion of unfair sentencing, the Defendant has a record of having been sentenced to six times of imprisonment for similar crimes, such as violation of the Punishment of Violences, etc. Act, obstruction of performance of official duties, etc., and the Defendant committed the instant crime at the same time during the period of suspension of execution. Nevertheless, the Defendant committed the instant crime at the same time during the period of suspension of execution, and there is a need for strict punishment for the obstruction of performance of official duties in order to establish the state’s legal order and eradicate
On the other hand, the fact that the defendant confessions all of the crimes of this case and reflects his mistake, that the defendant deposited one million won each for the victim G and F in the original trial, that the above victims are not injured, that the suspension of execution of one year imprisonment is expected to be invalidated if this judgment becomes final and conclusive, is favorable to the defendant.
The above flexible circumstances are as follows.