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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The number of kitchens seized shall be 30 cm in total length, knife, and knife.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in the state of mental and physical disability. 2) The lower court’s sentence (one year of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. Determination
A. In light of the defendant's behavior before and after the crime committed by the court below, the circumstances after the crime, etc., which can be revealed by the record, it does not seem that the defendant was in a somewhat drunk state at the time of each crime of this case, but it does not seem that the defendant lacks the ability to discern things or make decisions, and therefore, it does not accept the defendant's claim of mental disorder.
B. In light of the following: (a) the Defendant, who had been punished several times for the crime related to the same type of violence as in the instant case, committed a crime of assault, and committed a crime of this case without being subject to the suspended execution period; and (b) the risk of recidivism by committing the crime of this case is very high; and (c) the quality of the crime and the criminal administration are not less and less light in light of the means of the crime, a sentence of imprisonment is inevitable against the Defendant.
However, in light of all other factors such as the Defendant’s age, character and behavior, environment, health conditions, motive of the crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is somewhat weak, taking into account the following: (a) the Defendant’s perception of the Defendant’s mistake in light of the fact that the Defendant committed the instant crime, and the Defendant’s family members wanted to have his wife against the Defendant; and (b) the Defendant’s family members wanted to have been punished against the Defendant; and (c) the Defendant’s family members were not punished against the Defendant.
It is too big rather than that.