경범죄처벌법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 100,000.
The defendant does not pay a fine.
1. Summary of grounds for appeal;
A. Under the influence of alcohol at the time of the instant crime, the Defendant had weak ability to discern things or make decisions.
B. Unless otherwise, the lower court’s sentencing (fine 100,000) is too unreasonable.
2. Determination
A. We examine ex officio the grounds for appeal by the defendant prior to determining ex officio.
In the past, the prosecutor applied for the amendment of an indictment to change the part of the facts charged that “the prosecutor committed an act of creating uneasiness in a singing practice room” to “the act of creating uneasiness, such as singing the singing practice against the singinging practice in a singing practice room.” Since the subject of the judgment on this case was changed by this court’s permission, the lower judgment was no longer maintained.
However, the defendant's argument of mental disability is still subject to the judgment of this court, so it will be examined.
B. According to the records of the judgment on the claim of mental disability, even though the defendant was found to have drunk at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the speech and behavior, etc., it is not deemed that the defendant had the ability to discern things or make decisions at the time of each crime of this case. Thus, this part of the defendant
3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio, and the judgment below is again decided as follows.
Criminal facts
At around 10:00 on July 4, 2008, the Defendant committed an act of creating anxiety, such as singinging the singing practice room located in Busan Northern-gu B, and doing so.
Summary of Evidence
1. Defendant's legal statement;