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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Seized Sknife shall be confiscated.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant had committed the instant crime by taking a large quantity of depression, drinking, and committing the instant crime, there was a mental and physical disorder.
B. The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, it is not recognized that the Defendant had the ability to discern things or make decisions due to the use of depression or alcohol at the time of the instant crime, in light of the background leading up to the instant crime, the content and method of the crime, the circumstances before and after the instant crime, and the attitude of the Defendant, etc.
Defendant’s assertion is without merit.
B. The instant crime on the assertion of unfair sentencing is very heavy for the Defendant to inflict an injury on the victim C, the main point of which is the Defendant’s calculation of the drinking value by wooden salting, and to inflict an injury on the victim F, who operates convenience points, with knife the knife with knife, and to force cash, and the nature of the crime and the criminal administration are very heavy.
However, the defendant recognized the crime of this case and reflects the mistake, and there is no previous conviction exceeding the fine.
The Defendant appears to have committed the instant crime by taking a large quantity of depression, and the injury suffered by the Victim F is relatively minor.
After the decision of the court below reached an agreement with the victim C, the victims do not want the punishment of the defendant in consultation with the victim F.
In addition, considering the various circumstances revealed in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means, results, etc. of the crime of this case, and the scope of recommended sentences according to the sentencing guidelines, the sentence imposed by the court below is too unreasonable.
3. Conclusion.