공용물건손상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant had a physical and mental weak state with alcohol symptoms.
B. The sentence of the lower court’s unfair sentencing (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. In light of the background leading up to each of the crimes of this case, the means and methods of committing the crime, the Defendant’s behavior before and after the commission of each of the crimes of this case, etc., the Defendant had the ability to discern things or make decisions due to alcohol evidence at the time of each of the crimes of this case.
In addition, the Defendant did not appear to have committed a crime such as damage to public goods in a state of mental or physical weakness due to his or her death, because he or she knew of the fact that he or she appeared to have violent character and behavior.
Even if the defendant predicted the occurrence of danger, it is not possible to apply the provision on reduction of mental and physical weakness under Article 10(3) of the Criminal Act. Therefore, the above assertion by the defendant is without merit.
B. The Defendant committed each of the instant crimes during the period of probation due to a special intimidation, committed by a police officer on January 16, 2018, committed an insulting crime against a police officer on February 8, 2018, and committed an offense of violation of the Punishment of Minor Offenses Act due to disturbance in drinking and disturbance in the police station on February 8, 2018, and repeated the instant crimes within a short period of time, such as committing each of the instant crimes, and causing a traffic accident due to driving of drinking.
However, the defendant's full recognition of the crime and reflects his depth, the fact that there was no record of criminal punishment for driving prior to the crime of this case, and other reasons for sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, degree of damage from the crime of this case, circumstances after the crime, etc.