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Defendant
The appeal filed by A and the prosecutor is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) A was under the influence of alcohol at the time of the instant crime, and Defendant A was in the state of mental and physical disability at the time of the instant crime. 2) The sentence of the lower court’s unreasonable sentencing (ten months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendants (Defendant B: 10 months of imprisonment, 2 years of suspended execution, and 120 hours of community service) is too low and unreasonable.
2. Determination
A. According to the record as to the defendant A's claim of mental suffering from illness, the defendant A was found to have drunked at the time of the crime of this case, but was found to have had no ability to discern things or make decisions due to drinking at the time of the crime of this case in light of the following: (a) the defendant A was aware that he had drinking at the time of the crime of this case; (b) the background leading up to the crime; (c) the means
Therefore, Defendant A’s above assertion is without merit, since it does not seem that there was any or weak state.
B. As to the allegation of unfair sentencing by Defendant A and the prosecutor, Defendant A made a confession of all the crimes and reflects on depth of the crimes; the court below made an agreement with the joint injury victim H, I, and J; the obstruction of performance of official duties; the victim M of the injury deposited KRW 1,50,000 to the victim L; and the victim L; and the fact that the O, the victim of insult, did not want the punishment against the defendant is an element of sentencing favorable to Defendant A. However, it is a factor of sentencing favorable to the defendant A. However, Defendant A’s violation of the Punishment of Violence, etc. Act (a punishment of imprisonment with prison labor for one and half years on January 8, 2013 due to a collective injury, deadly weapon, etc.) (a person who was sentenced to a suspended sentence of one year and six months, and was issued two times during the suspended sentence period, and again committed the crimes in this case without being aware of the history of having been punished by the same kind of crime committed by the defendant A, as well as the fact that Defendant A committed the crimes in this case by force.