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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 and physical loss or mental weakness by drinking while committing the instant crime.
2) The sentencing of the lower court’s unfair sentencing (an amount of KRW 4 million) is too unreasonable.
B. The above sentencing of the prosecutor’s court below is too unfortunate and unfair.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was deemed to have a drinking condition at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime of this case, and the circumstances after the crime, etc., the court below had no or weak ability to discern things or make decisions.
Therefore, the above argument by the defendant cannot be accepted.
B. As to the unfair argument of sentencing, we also examine the unfair argument of sentencing between the defendant and the prosecutor.
Although there are circumstances unfavorable to the defendant, such as assaulting a police officer in the course of performing his duties, and the nature of such crime is heavy, the sentencing of the court below is not deemed to be unfair because it is too heavy or uncomfortable. Meanwhile, considering the fact that the defendant committed each of the crimes in this case, the defendant consented with the victim of the crime interfering with duties, there is no special circumstance or circumstance that can be considered newly after the sentence of the court below, there is no record of punishment for the same crime, and there is no other history of punishment for the same crime, and all the sentencing circumstances shown in the records and arguments, such as the defendant's age, sex, environment, means and consequence, circumstances after the crime, etc.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.