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The part of the judgment of the court below regarding Defendant A, excluding the compensation order part, shall be reversed.
Defendant
A. Imprisonment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) A was in a state of mental and physical disability by drinking at the time of stopping each of the instant crimes, and Defendant A was in a state of mental and physical disability. 2) The sentence sentenced by the lower court to Defendant A (one year of imprisonment) is too unreasonable.
B. The above punishment sentenced by the court below to Defendant A and the punishment sentenced to Defendant D (the community service order of two years of suspended execution and two hundred hours of imprisonment in October) are deemed to be too uneasible and unfair.
2. Determination
A. According to the records on Defendant A’s assertion of mental disability, it is recognized that Defendant A committed each of the crimes in this case while drinking alcohol, but in light of the circumstances before and after the commission of each of the crimes in this case, the circumstances leading to each of the crimes in this case, and the Defendant A’s behavior at the time, etc., it cannot be deemed that Defendant A did not lack the ability to discern things or make decisions due to drinking at the time of stopping each of the crimes in this case, and thus, Defendant A’s assertion of mental and physical disability is without merit.
B. The part of the judgment on the assertion of unfair sentencing by Defendant A and the prosecutor against Defendant A on the assertion of unfair sentencing by Defendant A both recognize the error of each of the Defendant A and the prosecutor, and it appears that Defendant A committed each of the instant crimes by contingently under the influence of alcohol, which is an initial crime with no criminal power, and seems to be in profoundly against the life near four months, and that Defendant A would not commit the same mistake again, and Defendant A deposited KRW 4.8 million for the victim I, J, and H, together with Defendant D and co-defendants in the original trial, and KRW 70,000 for the damaged police officer M. In addition, Defendant A deposited KRW 1,00,000 for the victim I with Defendant D, together with Defendant D, and made efforts to recover damage by additionally depositing KRW 1,000 for the victim I.