폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, and the community service order80 hours) is too unhued and unreasonable.
2. Determination is a favorable condition that the Defendant recognized the instant crime and reflects the instant crime, that there is no record of crime exceeding the fine, and that the Defendant is receiving medical treatment for alcohol dependence with the help of his family.
However, even though the defendant has been under investigation on the damage of property and assault that he committed under the influence of alcohol and continues to commit a crime of interference with business on two occasions under the influence of alcohol, and such crime is bad, and the defendant is not under the influence of alcohol on the interrogation of an investigative agency about a crime.
It is necessary to punish strictly in that the degree of alcohol dependence, such as responding, seems to be severe, and that it is necessary to enforce continuous treatment of alcohol dependence.
In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive or background of the crime, and circumstances after the crime, the punishment sentenced by the court below is too unfasible and unfair.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Articles 260(1), 366, and 314(1) of the Criminal Act, and the choice of imprisonment for the crime, respectively;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Care, Care, and Custody Act (the defendant suffers from alcohol dependence) of the Criminal Act on the grounds for appeal.