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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Mental and physical disorder (as to the judgment of the court below No. 2), at the time of committing the crime of the second instance, the Defendant had no or weak ability to discern things or make decisions under the influence of mental illness and alcohol.
2) The sentence of the lower court (No. 1: fine of KRW 1.5 million; fine of KRW 200,000; imprisonment of KRW 6 months; suspension of execution of two years and observation of protection) is too unreasonable.
B. The Prosecutor’s 2nd sentence of the lower court (a prison term of six months, a stay of execution of two years, and a surveillance of protection) (unfair sentencing against the lower judgment of the second lower court) is deemed to be too uneasible and unfair.
2. Determination
A. According to the evidence duly admitted and examined by the second instance court’s judgment on the Defendant’s mental disorder, the Defendant was deemed to have had the ability to discern things or make decisions due to the symptoms or alcohol at the time of committing the crime, in view of the circumstances leading to the crime, the means and method of committing the crime, the circumstances before and after the crime, etc., even though the Defendant was deemed to have received medical treatment and drink at the time of committing the crime.
Therefore, the above argument by the defendant cannot be accepted.
B. It is recognized that the circumstances such as the Defendant’s acknowledgement of the instant crime, and the fact that the said victim did not want to be punished against the Defendant by agreement with the victim L, etc. are considered in determining the Defendant’s improper assertion of sentencing against the lower judgment of the first instance court.
However, the crime of this case is committed in a restaurant by the defendant, thereby obstructing the restaurant business of the victim, and the quality of the crime is not good, the defendant's history of criminal punishment has reached 19 times, and the records of criminal punishment by obstructing the same kind of business are also included two times, and the defendant's age, sex, environment, circumstances leading to the crime, means and method of the crime, and the circumstances after the crime, etc. are also included.