Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the crime.

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (eight months of imprisonment) by the court below is too unhued and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the Defendant’s mental and physical assertion, it appears that the Defendant was under the influence of alcohol at the time of each of the crimes in this case, but in light of the details and contents of the crimes and the circumstances before and after the crimes, it does not seem that the Defendant committed the physical and mental loss or mental weakness. Therefore, the Defendant’s mental and physical assertion is without merit.

Even if the defendant was physically and mentally weak,

Even if the defendant's past criminal records and the behavior of the defendant at the time were considered, the risk that may occur after drinking was predicted in advance and the mental and physical weakness was omitted.

As such, the so-called "free act in the cause" under Article 10 (3) of the Criminal Act is not subject to mitigation of mental and physical weakness.

Therefore, the above argument is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court with respect to the unfair argument of sentencing by the defendant and the prosecutor, and where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as stated in its reasoning, determined the Defendant’s punishment by comprehensively taking into account the circumstances favorable to the defendant and the unfavorable circumstances into account.

The circumstances alleged by the defendant on the grounds of appeal (the recognition of facts of crime, treatment of alcohol addiction symptoms, the victims of interference with business, the victims of the crime not to be punished, the invalidation of suspended execution sentenced earlier, etc.) and the circumstances alleged by the prosecutor ( multiple same kinds of violence records, which are the same.