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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) The Defendant, at the time of committing the instant crime of violation of the Punishment of Violences, etc. Act (a crime of injury by a group, deadly weapon, etc.), was under the influence of alcohol and was in a state of mental disability and thus, the punishment should be mitigated. 2) The punishment sentenced by the lower court of unreasonable sentencing (three years of imprisonment) is too unreasonable.
B. Defendant B1) The Defendant, at the time of committing a crime in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), was under the influence of alcohol at the time of committing the crime, and thus, was in a state of mental disorder, the punishment should be mitigated.
2. Determination
A. According to the evidence duly admitted and investigated by the lower court as to the Defendants’ assertion of mental disability, etc., the Defendants may be found to have committed the instant crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) while drinking alcohol. However, in light of the circumstances before and after the instant crime, the developments leading to the instant crime, and the Defendants’ behavior at the time, etc., it cannot be deemed that the Defendants lacks the ability to discern things or make decisions due to drinking alcohol at the time of the instant crime.
Therefore, we cannot accept this part of the Defendants’ assertion.
B. Defendant A’s Defendant A’s assertion of unfair sentencing regarding each of the Defendants’ respective arguments on unfair sentencing is against their depth and is not judged to the degree of mental disorder since the investigative agency, but there are no circumstances to consider even if they were found to have committed a crime in dynamicly and shockly under the influence of alcohol. The victim paid KRW 30 million to the victim and agreed that the victim did not want to be punished against the Defendant; Defendant’s friendship wanted to take the Defendant’s surveillance and leading toward the Defendant; and Defendant’s friendship wanted to support the mother of a sick line due to spine disorder, etc.