beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.
B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, the defendant is deemed to have served alcohol at the time of the crime in this case, but on the other hand, considering all circumstances such as the circumstance leading to the crime committed by the above evidence, the method of the crime, and the defendant's specific behavior attitude before and after the crime, it does not seem that the defendant's ability to discern things or make decisions due to drinking at the time of the crime. Thus, the defendant's mental and physical disorder assertion
B. The judgment on the assertion of unfair sentencing is based on the following factors: (a) the Defendant was aware of his mistake while committing the instant crime; (b) the Defendant was in a state of drinking alcohol; (c) the Defendant appears to have reached the instant crime by contingently in a state where she was living together with a married fighting; and (d) the Defendant did not have any criminal power to impose a fine exceeding the fine; (b) the lower court appears to have determined the sentence against the Defendant in consideration of all favorable circumstances; (c) there is no particular change in circumstances that could reduce the amount of fine in the trial; (d) the instant crime committed by assaulting a police officer performing his duties, and the nature of the offense is not negligible; and (e) the Defendant’s age, character and conduct, environment, circumstances after committing the instant crime, etc., and all the sentencing conditions specified in the records and arguments, such as the instant case’s punishment imposed by the lower court is not heavier.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.