특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
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 of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for changes in the contents of "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" in the name of the crime as "special intimidation" and "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act" in the applicable provisions of the Act as "Articles 284 and 283(1) of the Criminal Act", and the judgment of the court below cannot be maintained as they were changed by the permission.
However, the defendant's argument about mental disorder is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
B. According to the record as to the assertion of mental disorder, even though the defendant was deemed to have a drinking condition at the time of each of the crimes of this case, in light of the circumstances leading to each of the crimes of this case, the means and methods thereof, and the circumstances after the crime, etc., the defendant was unable to discern things or make decisions under the influence of alcohol at the time of each of the crimes
Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.
Criminal facts
The main judgment of the court below is as follows.
Application of Statutes
1. Article 5-10 (2) and Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of punishment;