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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 was under the influence of alcohol at the time of committing the instant crime, and the Defendant was in a state of mental disorder, and this was a reason for mitigation of punishment. The lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (2) The sentence (three months of imprisonment) imposed by the lower court on the Defendant of an unreasonable sentencing is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. In light of the following: (a) the process and method of each of the instant crimes established by the evidence duly adopted and examined by the lower court in determining the Defendant’s mental and physical disorder; (b) the specific details of the crime; (c) the circumstances after the crime; and (d) the Defendant’s attitude, etc., it cannot be deemed that the Defendant did not have the ability to discern things or make decisions; and (d) the Defendant’s assertion is without merit
B. In light of the contents, circumstance, and means of the instant crime, etc. of the circumstances favorable to the Defendant as shown in the pleadings of the instant case regarding the allegation of unfair sentencing by the Defendant and the prosecutor (the confession of the instant crime and the statement that the Defendant will repent in depth of the mistake, the investigation stage and the lower court seems to have agreed with the victim C of obstruction of performance of official duties, and the victim would have been making a serious effort to agree with the other party police officers in charge of obstruction of performance of official duties and to recover damage or damage) and unfavorable circumstances, etc., the nature of the relevant crime is not easy. The lower court appears to have sentenced three months to imprisonment in full consideration of the various circumstances of the Defendant, and there are no special changes in circumstances that may change the sentence of the lower court, and there are five criminal records due to violent crimes, and there are many many criminal records that have been punished for these crimes.