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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. (i) The Defendant was under the influence of alcohol at the time of committing each of the instant crimes, and was in the state of mental disorder or mental disorder.
B. The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.
B. The prosecutor (e.g., imprisonment with prison labor) of the lower court is too unhued and unreasonable.
2. Determination
A. According to the records on the Defendant’s assertion of mental disorder, although the Defendant was deemed to have drinking at the time of each of the instant crimes, the Defendant was deemed to have had no ability to discern things or make decisions due to drinking at the time of each of the instant crimes in light of the circumstances leading up to the crime, the means and methods of the crime, and the circumstances after the crime.
Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.
B. The Defendant and prosecutor’s grounds for appeal on the assertion of unfair sentencing by the Defendant and prosecutor together with the grounds for appeal by the Defendant and prosecutor are as follows: (a) the Defendant had been punished several times for the same kind of crime; (b) the Defendant committed the instant crime without being aware of the period of repeated offense; and (c) in particular, again repeated the same crime even after the Defendant was prosecuted as 2012 high-ranking2095; and (d) the victim J and G’s damage has not been fully recovered, it is necessary to be subject to
However, in full view of the following factors: (a) the Defendant was under investigation agency, the lower court, and the first instance court’s trial; (b) committed a crime against his own will through the prison life up to the trial; (c) agreed with the victim D; and (d) appears to have made efforts to recover victims’ damage by repaying part of the amount of damage to the victimJ; and (c) other various sentencing conditions, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the sentence imposed by the lower court is too heavy or too heavy.