Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. (1) Defendant (1) Although he was under the influence of alcohol at the time of the instant crime, the Defendant committed an unlawful act that affected the judgment by neglecting the judgment of the court below.

(2) The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. According to the records on the Defendant’s claim of mental disability, it is recognized that the Defendant had a drinking condition at the time of the instant crime, but in light of the circumstances indicated in the records, such as the background of the instant crime and the Defendant’s act before and after the instant crime, it is not recognized that the Defendant had a weak ability to discern things and make decisions. Accordingly, this part of the Defendant and his defense counsel’s assertion is without merit.

B. On January 29, 2012, the Defendant issued a summary order of KRW 3 million on April 17, 2012 by committing an offense against the victim J on or around January 29, 2012 with food knife, which is a dangerous object, by a special assault, etc. at the Seoul Southern District Court (Seoul Southern District Court). In addition, the Defendant committed an assault against the victim by using a knife, which is a dangerous object without any special reason, and the crime is very poor, such as intimidation of police officers and spiting on face, even after the Defendant was arrested as an offender in the act of committing an offense, and even if the Defendant committed a crime several times, it is reasonable to punish the Defendant.

On the other hand, however, the defendant recognized all the crimes of this case and repented his mistake in depth, and the victims.