상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant had a mental and physical disorder at the time of committing each of the instant crimes.
B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. In light of the circumstance leading up to each of the crimes of this case, the contents of the defendant's statement about this, etc. acknowledged by the record of judgment on the assertion of mental and physical disorder, it cannot be deemed that the defendant had the ability to discern things or make decisions due to drinking at the time of each of the crimes of this case. Thus, the above assertion by the defendant is without merit
B. Each of the crimes of this case on the assertion of unfair sentencing is that the police officer J, who was called upon by the Defendant after receiving a report on his juncing the breath in the influence of alcohol, left the bend part of the head of the J, and the police officer's face level was found to be a defect to arrest the Defendant in the act of committing an act of committing an act of committing an act of committing an act of committing an act of committing an act of violence, thereby causing injury to the above police officers, such as cryp dump, which requires approximately three weeks of medical treatment. On the above ground, the Defendant was arrested as an act of committing an act of committing an act of committing an act of committing an act of committing an act of committing an act of violence and waiting to undergo an investigation within the H district of the Kim Sea Police Station in the G district of the Kimhae-gu Police Station on two occasions, and the police officer 10 and three civil petitioners were sentenced to imprisonment with prison labor for the victim K and N, who were under practical training at the above place where the police officer and the civil petitioners.
However, the defendant led to the confession of each of the crimes of this case and against his mistake through confinement for about four months, and the defendant agreed with the police officer J, K, and M.