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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 each of the instant crimes, and was in a state of mental disorder or mental disability.
B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mental and physical disorder, the Defendant could be deemed to have performed drinking at the time of each of the instant crimes. However, in light of the Defendant’s reputation, the background leading up to the commission of the crime, the means and method of the crime, and the Defendant’s act before and after the crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol
or weak conditions may not be deemed to have existed.
B. Although there are favorable circumstances for the defendant to the judgment on the assertion of unfair sentencing, such as the fact that the defendant recognized his mistake, the fact that the defendant was a crime of a nature of contingent act under the influence of alcohol, the victim first prices the defendant in the case of a crime against the victim D, and the fact that the victim agreed to do so smoothly with the victim, the crime of this case has been committed by using violence that may cause fatal results by destroying the other party's head or a beer, etc. without any particular reason, and the crime of this case has very heavy nature of the crime, and the defendant has been subject to criminal punishment on several occasions, such as three times of punishment for the crime of violence, eight times of fine, etc. In particular, since the crime against the victim D of this case was committed by the police, the prosecutor's office, and since it did not appear from the date of the non-detained indictment (as of August 30, 2013) and did not take any unfavorable measure against the victim of this case, the degree of injury to the victim of G is not recovered.