폭력행위등처벌에관한법률위반(상습폭행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. At the time of stopping the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disorder.
B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. According to the records of mental and physical disorder, even though the defendant was found to have committed the crime of this case while drinking, in light of the circumstances before and after the crime of this case was committed, the circumstances leading to the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things due to drinking, and thus, the defendant's mental and physical disorder argument is without merit.
B. The Defendant’s crime of unfair sentencing is an act of violence against a female without any particular reason while under influence of alcohol, and the nature of the crime is very bad. However, the Defendant’s mistake is recognized, and the Defendant did not have any record of criminal punishment heavier than a fine for the same kind of crime since 1990, and one million won was deposited for the victim during the trial, and other circumstances that form the conditions for sentencing as indicated in the records, such as the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, environment, occupation and family relation, and thus, the Defendant’s punishment imposed by the lower court is somewhat inappropriate, and thus, the Defendant’s assertion of unfair sentencing is reasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
Article 369 of the Criminal Procedure Act is applicable to the facts constituting a crime and the summary of evidence recognized by the court.