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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. Summary of grounds for appeal;
A. As to the facts constituting the crime of Article 1 of the judgment of the court below in erroneous determination of facts, the defendant did not inflict any injury on the victim H as stated in the judgment of the court below, and there was no fact that the victim J has made a part of the victim J.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts.
B. At the time of committing each of the instant crimes, the Defendant was in a state of mental disability, mental disability, or mental disorder.
C. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. Each statement of H and J on the assertion of mistake of facts is consistent to the original court until the original court, and its credibility is recognized as a considerable detailed and reasonable ground.
In full view of the evidence as stated in the judgment below, including written diagnosis of H and J, it can be sufficiently recognized that the defendant suffered injury to the victim H and J as stated in the facts constituting the crime of paragraph 1 of the judgment below and at the same time interfered with legitimate execution of duties.
B. According to the judgment and evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was under the influence of drinking alcohol to a certain extent at the time of each of the crimes of this case, but did not have the ability to discern things or make decisions, in light of the form and method of the crime of this case, and the defendant's speech and behavior at the time.
did not appear to have existed in or weak condition.
C. Although the Defendant had a record of punishment several times due to an act of violence, etc., the Defendant committed the instant crime again during the period of repeated crime due to the crime of injury, and even if the Defendant is detained in the detention room of the police station after the obstruction of performance of official duties and the crime of injury, the Defendant committed a self-harm by denying his/her mistake rather than breaking his/her mistake, or made verbal abuse against the police officers and other prisoners.