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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the event of the instant crime by mental and physical disorder, he was under the influence of alcohol at the time of the instant crime, and was in the state of mental and physical disability or mental disability. 2) The sentencing of the lower court on the grounds of unreasonable sentencing (fine 8,00,000) is too unreasonable
B. The lower court’s sentencing is too uneasible and unreasonable.
2. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical disability argument, it is recognized that the Defendant was under the influence of alcohol at the time of the instant crime, but in full view of the background, means and methods of the instant crime, and the circumstances before and after the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions due to the foregoing reasons.
Therefore, the defendant's mental disorder is without merit.
3. The lower court decided on the assertion of unfair sentencing by the Defendant and the prosecutor, taking into account various factors of sentencing, including: (a) the poor nature of the crime in light of the content of the instant crime; (b) the Defendant had a record of having been punished several times due to violence, interference with business; and (c) the confession
There is no change in the conditions of sentencing compared with the original court because new sentencing materials have not been submitted in the trial, and even considering the various reasons revealed in the oral proceedings, it is not deemed that the sentencing of the original court is too heavy or it goes beyond the reasonable scope of discretion because it is too heavy.
Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.
4. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.