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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for seven months.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) The Defendant had a mental and physical loss or mental weak condition under the influence of alcohol at the time of each of the instant crimes.
2) The sentence of the lower court’s improper sentencing (the 2-year suspended sentence in the 6-month imprisonment, the observation of protection, the community service order of 160 hours, the 80-hour alcohol addiction and the order to attend violent treatment) is too unreasonable.
B. The lower court’s sentencing (eight months of imprisonment) by Defendant B is too unreasonable.
2. Judgment on the grounds for appeal
A. According to the evidence duly admitted and examined by the court below as to Defendant A’s mental and physical disorder claim, the defendant is deemed to have a drinking condition at the time of the crime of this case, but in light of the background leading to the crime of this case, the means and method of the crime of this case, and the circumstances after the crime, etc., the defendant had no or weak ability to discern things or make decisions.
Therefore, we cannot accept the defendant's above assertion.
2) Although there are circumstances that consider the circumstances such as the defendant's time to commit the instant crime, the fact that the defendant consented with the victim, the fact that the defendant has reached an agreement with the victim, and the health condition has been bad, the defendant has been subject to punishment several times of violence-related crimes, and other circumstances, such as the defendant's age, sexual conduct, environment, motive and circumstance of the instant crime, means and consequence, circumstances after the instant crime, etc., are taken into account, the sentencing of the court below is set within reasonable and appropriate scope, and it is not deemed unfair as it is too unreasonable. Thus, the above argument by the defendant is rejected.
B. As to Defendant B, the Defendant had a record of criminal punishment several times, and in particular, the Defendant was punished with a fine of two million won on August 16, 2010 and a suspended sentence of two years on October 28, 201.