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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to the existence or shock disorder of alcohol, etc.
2) The lower court’s sentence (one year and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mental and physical weakness and the evidence duly admitted and investigated by the court below, namely, ① appears to have committed each of the instant crimes while under the influence of alcohol; ② the victim D, the Defendant’s attached, made a statement at the investigative agency that “the Defendant was frighting the Defendant’s happiness upon drinking” (Evidence 45 pages); ③ the Defendant was hospitalized at the investigative agency for about one to two months at the hospital located in the Chungcheongbuk-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, under the influence of alcohol, and was hospitalized for about one to two months due to a noise disorder before and after about two years, and stated that “nick-do cannot be frighted upon drinking” (Evidence record 127 to 128 of the evidence record); ④ According to the mental commission of the Defendant for appraisal at the time of the instant crime, care and custody center presented the Defendant’s mental and physical impulse ability to make decisions and to have deteriorated his ability to take things before and after the instant crime.”
I seem to appear.
Therefore, the defendant's argument of mental and physical weakness is with merit.
3. In conclusion, the defendant's appeal is reasonable, and thus, the judgment on the defendant's and the prosecutor's unfair argument of sentencing is omitted.