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Defendant
In addition, the appeal filed by the person who requested the medical care and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant who lost his mind and body as well as the person who filed for the medical care and custody (hereinafter “Defendant”) was in a state of mental and physical loss due to alcohol dependence at the time of each of the instant crimes.
B. The sentence sentenced by the lower court to the Defendant (two years and six months, etc.) is too unreasonable.
2. Determination
A. In light of the following: (a) the Defendant’s assertion of mental and physical loss was examined; (b) comprehensively based on the evidence duly adopted and examined by the lower court; (c) the details and details of each of the instant crimes; (d) the Defendant’s act before and after the commission of each of the instant crimes; and (e) the Defendant’s statement in the investigative agency of the Defendant and the victims, even though it was deemed that the Defendant had a lack of the ability to discern things or make decisions due to alcohol dependence upon each of the instant crimes, the Defendant was in a state where he was unable to discern things or make decisions due to alcohol dependence
Therefore, this part of the defendant's assertion is without merit.
2) Regarding the wrongful argument of sentencing, the court below and the court of the first instance held that the defendant is in profoundly against his mistake while attempting to commit each of the crimes of this case in the court below and the court of the first instance.
The fact that the defendant stated, and the defendant committed each of the crimes of this case under the mental and physical weakness due to the symptoms of alcohol dependence as above, and that the defendant and the victims agreed between the defendant and the victims and expressed their intention that the victims do not want the punishment against the defendant is favorable to the defendant.
However, the crime of violation of the Punishment of Violences, etc. Act (i.e., the refusal of habitual eviction, special intimidation, habitual assault, damage to property) committed by the defendant has already been sentenced to imprisonment at least twice due to the violation of the Punishment of Violences, etc. Act, and the defendant who is under repeated crime is still under the period of repeated crime.