특정범죄가중처벌등에관한법률위반(운전자폭행등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.
B. The lower court’s sentencing is too unreasonable.
2. Comprehensively taking account of the developments leading up to the instant crime and the circumstances before and after the instant crime, etc., as indicated in the judgment on the assertion of mental and physical disability, the Defendant recognized that the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions. However, the lower court erred by misapprehending this as a legal mitigation, and did not reduce mental and physical disability, which is a necessary reason for mitigation, and thus, the Defendant’s
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the judgment below is again decided as follows.
Punishment of the crime
The facts constituting the crime acknowledged by this court are identical to the corresponding column of the judgment of the court below, except that the defendant added "in a state where the defendant lacks the ability to discern things or make decisions under the influence of alcohol" following the facts constituting the crime of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
The summary of the evidence of the facts of the crime acknowledged by this court is as follows, except for adding ‘legal statement of D' by the witness of the trial court on 1.1. witness of the trial court, it is identical to the corresponding column of the judgment of the court below.
Application of Statutes
1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime
1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant has a criminal record of the same kind in several times, and the period of probation due to the defendant's crime of injury by compulsion.