경범죄처벌법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for ten months and a fine of 500,000 won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) Physical and mental weakness: The Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.
2) Improper sentencing: The sentence of the lower court (one hundred months of imprisonment and a fine of five hundred thousand won) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.
The lower court determined that the Defendant was guilty of the facts charged in this case by taking account of all the facts charged in this case, and determined and notified that the Defendant would be tried through a simplified trial, and that the investigation of evidence was completed in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act, and that the evidence as indicated in the lower judgment pursuant to Article 318-3 of the said Act is admissible, and that the said evidence
In this regard, the court below's decision that the court below decided to judge the facts charged in this case as a simple trial procedure is remarkably unfair and revoked pursuant to Article 286-3 of the Criminal Procedure Act, and therefore the court below's decision that the court below decided to judge as a simple trial procedure is no longer maintained.
Although there are grounds for reversal of authority above, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, and this is examined.
3. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the Defendant’s argument of mental and physical weakness, the Defendant may recognize the fact of drinking alcohol at the time of committing the instant crime.
However, in light of the background leading up to the crime, the behavior of the defendant before and after the crime, and the defendant's statement attitude about the situation at the time of the crime, etc., the defendant does not seem to have reached a weak level of ability to discern things or make decisions under the influence of alcohol at the time of the crime, and thus, the defendant's mental
4. Conclusion.