특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. Summary of grounds for appeal;
A. The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of each of the instant crimes.
B. The sentence of the judgment of the court below on unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. Although the Defendant was deemed to have a drunken state at the time of each of the instant crimes, in light of various circumstances, such as the Defendant’s behavior, speculation, and use of violence before and after each of the instant crimes acknowledged by the evidence duly adopted and investigated by the lower court, it is not recognized that the Defendant had no or weak ability to discern things at the time of each of the instant crimes.
Therefore, the defendant's mental disorder is without merit.
B. The crime of this case on the assertion of unfair sentencing is a very poor crime that prevents a police officer from performing his duties by taking advantage of the victim's shoulder while driving a taxi, and by taking advantage of the fact that the victim's face, who was performing his duties, was found to make a report thereon, and the crime of assault against a driver during the crime of this case, is likely to cause damage by traffic accident. Therefore, it is necessary to strictly punish the crime of this case, and the defendant committed the crime of this case without being aware of it during the suspension period of the execution of imprisonment due to the crime of injury, and committed the crime of this case without being aware of it during the suspension period of the execution of imprisonment due to the crime of injury, and the defendant also committed the crime of this case seven times of punishment due to violent crimes.
However, the fact that the defendant is led to the confession and reflect of the crime, the defendant's consent with the victim who is a taxi driver does not want the punishment of the defendant, the defendant received a letter from the police officer who was assaulted against the defendant, and the defendant received 50,000 for the above police officer.