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All appeals by the defendant and the prosecutor are dismissed.
Reasons
In light of the various sentencing conditions in this case, the punishment sentenced by the court below (nine months of imprisonment) is too unreasonable.
In light of the circumstances leading up to the occurrence of the instant case, the Defendant did not commit the instant crime in a state that he/she lacks the ability to discern things or make decisions.
Nevertheless, the court below held that the defendant was in a state that the defendant lacks the ability to discern things or make decisions.
In light of the above, punishment has been imposed within the scope of the applicable sentences for mitigation of mental and physical weakness. In so doing, the court below erred by misunderstanding the fact about mental and physical weakness or by misunderstanding the legal principles, which affected the conclusion
In light of the various sentencing conditions in this case, the sentence sentenced by the court below is too unfortunate and unfair.
Judgment
As to the prosecutor’s unlawful assertion of mental and physical weakness, the lower court, which was proceeded with by the citizen participation trial on the determination of the lower court, adopted the jury unanimous opinion on the recognition of mental and physical weakness as it is, and the Defendant was in a state that the Defendant had the ability to discern things or make decisions due to drinking
The recognition was recognized.
According to the records of this court's judgment, the Defendant had been in a state of drinking again, i.e., her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her second her her her her her her her her her her her her her her her her her her her
The statement. ③ The Defendant stated with I, and (3) The amount of time per hour until the victim appeared in the vehicle, because the Defendant opened a driver’s seat of the instant vehicle while walking along the 00:57 square meters from the instant crime, and operated the emergency lights of the vehicle or the brack, and found the key of the vehicle in order to walk at the city.