특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. In light of the legal principles, the court below's decision that reduced the defendant's mental disability by misapprehending the legal principles on mental and physical disability is erroneous in misapprehending the legal principles on mental and physical disability, which affected the conclusion of the judgment, even though the defendant was found to have drinking at the time of committing the crime in this case, but there is no evidence to find that there was weak ability
B. The sentence imposed by the lower court (ten months of imprisonment) is too unhued and unreasonable.
2. According to the record of this case's assertion of misapprehension of legal principles, although the defendant was found to have served alcohol at the time of committing the crime of this case, the defendant stated that he had served alcohol at the time of the crime of this case, i.e., two to three illnesss, and one disease per week in the court at the time of the trial at the time of the crime of this case, and that it does not seem to exceed the defendant's usual drinking amount. ② The defendant was arrested as an offender in the crime of this case; ② the defendant was unable to properly hold his body at the time of the arrest at the time of the crime of this case; ③ the defendant was investigated by the police at the time of the police at the time of the crime of this case, but the defendant was going to go to the church at the time of the crime of this case because he did not have any money, and thus, it does not seem that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of this case. Thus, the judgment of the court below is erroneous in the misapprehension of legal principles on mental and physical disability.
Therefore, the prosecutor's argument is justified.
3. Accordingly, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the following is again decided after pleading.