상해등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. Of the facts charged in the instant case, the lower court sentenced the Defendant to dismiss the public prosecution regarding the insult of the victim V, and sentenced the remainder of the facts charged. The Defendant appealed on the guilty part, and the dismissal part of the indictment became final and conclusive as it did not appeal both the Defendant and the Prosecutor. As such, the scope of the judgment of the lower court is limited to the convicted part of the lower judgment.
2. Summary of reasons for appeal;
A. The Defendant, under the influence of alcohol, committed each of the instant crimes in a state of mental and physical weakness.
B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.
3. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant was in a state that the Defendant was unable to discern things or make decisions due to mental disability or main actions, which had been held at the time of each of the instant crimes.
It is difficult to see it.
Therefore, the defendant's argument about mental and physical weakness is rejected.
B. Each of the crimes of this case with regard to the unfair argument of sentencing are each of the crimes committed by the defendant, who assaults the victim AJ (name G), H, and I, injured the victim J, interfered with the legitimate performance of duties by police officers on two occasions, as well as the crimes committed by the defendant on each of the crimes of violation of the Road Traffic Act (toxicated Driving) and traffic law (non-licenseless Driving) over two occasions, and the crime is not less than the nature of the crime; the defendant did not receive a driver's license from some victims and police officers; the defendant did not obtain a driver's license; the defendant has no record of acquiring a driver's license; the defendant has been punished seven times for a traffic-related crime including a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) on November 27, 2014; and in particular, imprisonment with labor for October 1.