The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. A. The Defendant was in a state of mental disability, where he was suffering from a medication due to an ordinary mental illness, and was physically and mentally unable at the time of each of the instant crimes, and the Defendant was in a state of mental disability where his ability to discern things or make decisions significantly deteriorated by drinking.

나. 양형부당 피고인이 이 사건 각 범행사실을 모두 시인하면서 그 잘못을 깊이 반성하고 있는 점, 볼일을 보던 피고인이 우연히 가위를 소지하고 있다가 이 사건 특수상해의 범행에 이르게 된 것일 뿐 (위험한 물건인) 가위를 범행에 이용할 목적으로 휴대한 것은 아닌 점, 또한 실제로도 가위를 피해자의 신체에 접촉한 바 없고 단지 가위를 쥔 ‘손’으로 피해자를 폭행하였을 뿐인 점 등을 감안하면, 원심의 형(징역 2년 6월 및 벌금 10만 원)은 너무 무거워서 부당하다.

2. Determination

A. In light of the Defendant’s behavior before and after each of the instant crimes, the circumstances after the commission of the crime, etc., which can be known by the record, the Defendant appears to have suffered from ordinary mental illness. Although it is recognized that the Defendant was under the influence of a certain degree of alcohol at the time of each of the instant crimes, it does not seem that the Defendant did not have a weak state of ability to discern things or make decisions. Accordingly, the Defendant’s claim for mental and physical disability is rejected.

B. Inasmuch as the current Criminal Procedure Act, which adopts the principle of trial-oriented and directness as to the assertion of unfair sentencing, has the inherent territory of the first instance court, it is reasonable to respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015), and the lower court alleged by the Defendant in the trial.