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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) While under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental or physical disability or mental disability. 2) The lower court’s imprisonment (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneasible and unreasonable.
2. Determination:
A. The defendant's mental and physical assertion of the mental disorder of the defendant is acknowledged as having been in a state of drinking alcohol at the time of the crime of this case, but it does not seem that there was no or weak ability to discern things or make decisions. Thus, the above defendant's mental and physical assertion is rejected.
B. In light of the fact that the instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor committed the instant crime against the Defendant and the Defendant committed the instant crime on several occasions, causing an injury to their main employees by assaulting them, obstructing their business by leaving their main employees a failure and damaging their property at their main points, and the nature of the relevant crime was very poor, and the Defendant was punished for the same kind of crime several times, and the Defendant committed the instant crime again on August 14, 2014 only nine months after having been sentenced to the imprisonment with prison labor for the same crime on which he was sentenced to a two-year sentence of suspension of execution in August 14, 2014.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant agreed with the victim E; (c) the victim F did not want the Defendant’s punishment; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (b) the lower court’s punishment is too heavy or unreasonable.
Therefore, the defendant, his defense counsel, and the prosecutor's argument of unfair sentencing is without merit.
3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered as per Disposition.