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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 was under the influence of alcohol at the time of the instant crime, and the ability to discern things or make decisions was lost or weak. 2) Considering the fact that the Defendant committed each of the instant crimes on a contingent basis, in depth, and endeavored to reach an agreement with the victim, the sentence imposed by the lower court against the Defendant is too unreasonable (three years of imprisonment).
B. Considering the fact that the prosecutor’s defendant committed each of the crimes in this case even though he had a majority of the same criminal records, and not only expressed violent inclinations through each of the crimes in this case, but also such tendency is gradually excessive, and that it is difficult to see that the defendant is against the truth, the sentence imposed by the court below against the defendant is too small and unfair.
2. Determination
A. According to the record as to the Defendant’s mental and physical disability assertion, even though the Defendant was deemed to have drinking at the time of committing the instant crime, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, etc., the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time
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 appears to have committed the instant crime in a somewhat contingent manner with regard to the assertion of unfair sentencing by the Defendant and the prosecutor, and accordingly, reflects his mistake, etc. are favorable to the Defendant.
On the other hand, in light of the circumstances, methods, tools, risks, etc. of each of the instant crimes, the Defendant’s liability is more serious; the Defendant committed each of the instant crimes despite the majority of the criminal records of violence and insult against police officers, which is highly likely to be subject to criticism; and the fact that there is no agreement with the victim of the instant injury, etc. is unfavorable to the Defendant.