경범죄처벌법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five hundred thousand won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal of this case was in a state of mental and physical weakness due to symptoms such as depression, alcohol addiction, suicide attempt, etc. at the time of each of the crimes of this case, but the court below erred in the misapprehension of legal principles, and the court below's punishment (the imprisonment of August and the fine of KRW 500,000) is too unreasonable.
2. An ex officio determination prosecutor added the records of the facts charged to the facts charged and applied for the amendment of a bill of indictment to the effect that a repeated crime is aggravated. Since this court permitted this, the judgment of the court below can no longer be maintained.
However, the defendant's assertion of misunderstanding the legal principles is subject to the judgment of this court, despite the above reasons for reversal of authority.
3. In light of the circumstances before and after the instant crime was committed, the background leading to the instant crime, the means and method of committing the instant crime, the Defendant’s behavior at the time of the instant crime, etc., which could have been known by the record, the Defendant had weak ability to discern things or make decisions at the time of stopping the instant crime.
It does not seem that it does not appear.
Therefore, the defendant's argument of misunderstanding the legal principles is without merit.
4. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
【Re-written judgment of the court] The criminal facts and summary of evidence recognized by this court are all criminal facts and summary of evidence, and the judgment of the court below is all the criminal records of the court below. "The defendant was sentenced to 11 months of imprisonment by the Seoul Northern District Court on October 13, 2016 and completed the execution of the sentence in the port prison on April 9, 2017."