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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was in a state of mental disorder with weak capacity to distinguish things or make decisions under the influence of alcohol at the time of the instant crime. (2) The lower court’s sentence of unfair sentencing (one year of imprisonment) is too heavy.
B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too minor.
2. Determination
A. According to the record as to the Defendant’s mental disorder assertion, the fact that the Defendant was in a state of drinking at the time of committing the instant crime is recognized.
However, in full view of the background and result of the instant crime based on the evidence adopted and investigated by the lower court, the Defendant’s attitude and content in the investigation agency, witness’s statement, circumstances after the crime, and the criminal records of the Defendant, etc., it seems difficult to acknowledge that the instant crime was committed in a state of mental and physical disorder as asserted by the Defendant.
Therefore, this part of the defendant's argument cannot be accepted.
B. As to both parties’ assertion of unfair sentencing, the lower court, on the grounds of sentencing, determined the Defendant’s punishment by comprehensively taking account of the unfavorable or favorable circumstances to the Defendant.
Defendant
In addition, as alleged in the grounds of appeal by the prosecutor, the circumstances favorable to or unfavorable to the defendant appear to have been sufficiently taken into account in determining the defendant's punishment. The court below's punishment against the defendant is just and acceptable, despite both arguments regarding sentencing, regardless of the defendant's age, character and conduct, environment, family relationship, relationship with the victim, background and consequence of the crime, circumstances after the crime, recovery of damage, criminal records, and other various factors of sentencing as shown in the argument in this case.