폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.
B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the assertion of mental and physical disorder, although the defendant is deemed to have a drunken state at the time of each of the crimes in this case, the defendant is relatively aware of the contents of this case, in light of the circumstances leading up to each of the crimes in this case, the defendant's speech and behavior, means and methods of crime at the time of the crime, and the circumstances after the crime, etc., the defendant was unable to discern things or make decisions due to drinking or mental disorder at the time of each of the crimes in this case.
Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.
B. The instant crime of determining unfair sentencing is a dangerous object, threatening the awareness that the Defendant had been on duty at the beginning of the police station and then intrudes into the situation situation room of the police station, and the degree of infringement on the public authority is very serious.
However, in full view of the fact that the defendant recognized the facts of each of the crimes in this case, the defendant is the first offender who has no criminal records, the defendant was suffering from the previous mental fission, and the fact that the defendant seems to have committed a contingent crime under the influence of alcohol at the time of the crime, the defendant is taking into account the following circumstances: the defendant's character and behavior, age, family relationship, motive, circumstance, means and consequence of the crime, etc., and the punishment imposed by the court below is somewhat unreasonable.
3. Thus, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.