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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant and his defense counsel
A. Although the Defendant had a physical and mental weak condition under the influence of alcohol at the time of each of the instant crimes, the lower court erred by misapprehending this.
B. In light of the fact that the court below’s sentence that sentenced six months of imprisonment is too unreasonable in light of the fact that the illegal defendant recognized a mistake, the defendant committed each of the crimes of this case by contingency under the influence of alcohol, and the victims expressed their intent not to want the punishment of the defendant, etc.
2. Determination
A. In full view of the background, means and methods of each of the instant crimes, Defendant’s act before and after the commission of the crime, and circumstances after the commission of each of the instant crimes acknowledged by the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant was aware of drinking at the time of each of the instant crimes, but did not have the ability to discern things or make decisions.
Therefore, the lower judgment that did not apply Article 10(2) of the Criminal Act to the Defendant was erroneous in violation of the statutes on the grounds for statutory mitigation of liability, which affected the conclusion of the judgment
Therefore, the above argument is without merit.
B. The instant crime of determining the illegality of sentencing is not likely to be a crime of obstructing the instant victim’s restaurant business by force by avoiding disturbances by, under the influence of, the Defendant, including, but not limited to, entering the “EE” operated by the victim D while under the influence of alcohol, thereby obstructing the said victim’s business operation by force, and committing the instant crime of this case during the period of repeated crime. The Defendant committed each of the instant crimes on August 24, 2014 by having been sentenced to six months of imprisonment with prison labor from the Suwon Flag on August 13, 2014 by obstructing the Defendant’s business operation of the said victim’s restaurant.