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The judgment below
We reverse the part of the 2012 Highest 1022, 2012 Highest 1116 of the judgment.
The defendant shall be held.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (unfairness) of the lower court (an offence committed at the time of sale: 3 years of suspended sentence in 1 year and 6 months of imprisonment; 2012 senior group 1022; 2012 senior group 116: imprisonment with prison labor in 2012 and 3 years and 6 months) is deemed unreasonable.
B. Defendant 1) The Defendant was in a state of mental disability due to drinking at the time of the instant crime. 2) The sentence of the lower court’s unreasonable sentencing is too unreasonable.
2. Determination
A. In full view of the circumstances leading up to the crime of this case, the means and method of the crime, the defendant's behavior before and after the crime of this case, the circumstances after the crime of this case, and the defendant's reputation amount as to the defendant's claim of mental disability, although it is recognized that the defendant had a considerable drinking at the time of the crime of this case, it does not seem that the defendant had a weak state of ability to discern things or make decisions. Thus, the above assertion by the defendant is rejected.
B. We examine the prosecutor and the defendant's assertion of unfair sentencing as to the crime of this case as to the crime of this case and the defendant's assertion of unfair sentencing, and the crime of this case is deemed to have inflicted an injury on the main illness, which is a dangerous object. However, in light of the nature of the crime and the crime of this case, the defendant's mistake during the prison term is divided in depth, the defendant reached an agreement with the victim, the crime of this case is committed at the same time with the crime of violation of the Punishment of Violences, etc. Act (injury to collective weapons, etc.) in the latter part of Article 37 of the Criminal Act, including equity in the case where the judgment was rendered simultaneously with the crime of this case, and other various sentencing conditions as shown in the arguments, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, etc., the sentence of the court below that sentenced a suspended sentence is appropriate. Thus, this part of the defendant
(c) rule;