특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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. The Defendant was in a state of mental disability under the influence of alcohol at the time.
B. The court below's decision on the grounds of unfair sentencing (one year and six months of imprisonment) is too unreasonable.
2. As acknowledged in the record of judgment, the defendant had already been drunk from the day immediately before boarding a taxi and failed to properly hold his body. Accordingly, in light of the contents and actions of the horses made by the defendant to the taxi article and police officer, it is recognized that the defendant had weak ability to discern things or make decisions by drinking alcohol at the time of each crime, and that the defendant has weak ability to discern things or make decisions. Thus, the argument of mental and physical disability is justified.
3. Accordingly, the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act without examining the allegation of unfair sentencing, and the defendant's appeal of mental suffering from mental illness is therefore justified, and the following is again decided as follows.
Criminal facts
The substance of the facts charged and the summary of the evidence acknowledged by this court are as follows: (a) the part of the judgment of the court below on the 2nd page 5 of the judgment of the court below regarding the facts constituting a crime and the summary of the evidence thereof is added to the following part of the judgment of the court below that “the defendant lacks the ability to discern things or make decisions under the influence of alcohol,” and the following part of the “defendants” of the 13th sentence, and except that the 5th page “2:20” is deemed to be “20:20” and thus, it is identical to each corresponding column of the court below,
Application of Statutes
1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Articles 136 (1) and 257 (1) of the Criminal Act concerning the punishment of a crime;
1. The crimes of obstruction of the performance of official duties are committed by Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes.