폭행등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for two years from the date this judgment becomes final and conclusive.
The main point of the grounds for appeal is that the prosecutor's appeal (unfair sentencing) against the judgment of the court of first instance, which the court of first instance pronounced by the court of first instance, is too uneased and unfair.
Defendant’s appeal against the judgment of the second instance (mental and physical weak and unfair sentencing) had weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.
The punishment sentenced by the court below (the imprisonment of eight months, the suspension of execution of two years, the community service order 160 hours) is too unreasonable.
The grounds for appeal by authority shall be examined ex officio prior to the judgment.
Article 38 of the Criminal Act provides that a single sentence shall be imposed in accordance with Article 38 of the Criminal Act for the crime of concurrent crimes under the former part of Article 37 of the Criminal Act and the crime of the resolution of the first and second costs of the judgment. Thus, the judgment of the court below and the judgment of the court below in the second and second instances cannot be found guilty.
However, the argument that the defendant's business interferes with the defendant's business is still subject to the judgment of this court, which is below.
According to the records on the Defendant’s assertion of mental and physical weakness, even though the Defendant was found to have performed alcohol at the time of the crime interfering with his duties, in light of the circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant was not able to discern things or make decisions.
There is no other evidence to prove that there is no other evidence to prove it.
This part of the defendant's assertion is without merit.
As above, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the criminal defendant and prosecutor's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.
[Re-written judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.