Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of weak ability to discern things or make decisions under the influence of alcohol.
B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.
2. Determination
A. In light of the background leading up to each of the instant crimes, the means and methods of the crime, and the circumstances after the crime, etc., it cannot be seen that the Defendant had the weak ability to discern things or make decisions at the time of each of the instant crimes, and thus, the Defendant’s allegation in this part is rejected.
B. The Defendant’s decision on the assertion of unfair sentencing does not commit a second offense, reflecting the mistake of the crime in depth.
It is also recognized that the situation in which the victims do not want the punishment of the defendant by mutual consent between the victims and the victims.
However, even before committing the instant crime, the Defendant has been punished several times as a violent crime.
On January 22, 2013, the Defendant was sentenced to a suspended sentence of ten months on the grounds of obstruction of performance of official duties, damage to property, etc. in Daegu District Court racing support and sentenced to a suspended sentence of two years, and was sentenced to a fine due to the driver’s assault and damage to property during the suspended sentence, but the Defendant was sentenced to a fine due to the crime of assault and damage to property
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.