특정범죄가중처벌등에관한법률위반(운전자폭행등)등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. Mental and physical weakness (as to each crime in the judgment of the court of first instance), the Defendant had weak ability to discern things or make decisions by drinking while committing each crime in the judgment of the court of first instance.
On December 2, 2016, the Defendant was diagnosed by the Espopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopics, etc.
B. The punishment of the lower court (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 2 months) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
The judgment of the court of first instance and the judgment of the court of second instance against the defendant were pronounced, and the defendant filed an appeal, respectively, and this court decided to consolidate the two appeals cases.
Article 38(1) of the Criminal Act provides that each crime of the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court of second instance cannot be maintained
However, notwithstanding the above reasons for reversal of authority, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, and this will be examined below.
3. As to the Defendant’s assertion of mental and physical weakness, the first instance court’s judgment on the Defendant’s assertion to the same effect as in the judgment of the lower court, based on the records, the first instance court: (a) from around 1987 to before each of the crimes indicated in the judgment of the lower court, the Defendant had a record of punishment exceeding 30 times due to murder, violent crimes, traffic crimes, etc.; (b) some of them were committed while being committed; and (c) there was a state of drinking even at the time of each crime listed in the judgment of the lower court; and (b) the Defendant was in a state of drinking even at