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The judgment below
Of the judgment below, the part concerning the crime Nos. 1 and 2 of the judgment below shall be reversed.
The punishment of the accused shall be eight months of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. The Defendant had weak intent or ability to discern things under the influence of alcohol at the time of committing the instant crime (the first and second crimes as indicated in the lower judgment).
B. The sentence of the lower court (the first and second crimes as indicated in the lower judgment: imprisonment of one year and six months, and the third crimes as indicated in the lower judgment: fine of 3,00,000) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor applied for changes in the name of the crime against the defendant to "special injury" under Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" under the applicable law, "Article 258-2 (1) and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act". Since this court permitted this and changed the subject of the judgment by this court, the part of the crime No. 1 and 2 of the judgment of the court below in this regard cannot be maintained any more.
However, the defendant's assertion of mental and physical weakness for crimes Nos. 1 and 2 in the judgment of the court below, and the argument of improper sentencing for crimes No. 3 in the judgment of the court below is still subject to the judgment of the court of this court.
B. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the argument about the crime Nos. 1 and 2 of the judgment below, it is acknowledged that the defendant committed the crime of this case while drinking alcohol, but in light of the circumstances leading to the crime of this case, the method and method of the crime, the defendant's act before and after the crime of this case, the circumstances after the crime of this case, etc., the defendant was under the influence of alcohol at the time of the crime of this case, and there was a lack of ability
Therefore, the defendant's above assertion is without merit.
(c)
The defendant's argument that the sentencing of the crimes No. 3 in the judgment below is unfair.