beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. The court below did not consider the crime of this case, even though the defendant committed the crime of this case under the influence of alcohol at the time of the crime of this case under the lack or lack of the ability to discern things or make decisions. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. In light of the background, process, means and method of the instant crime, the Defendant’s act before and after the instant crime was committed, etc. as revealed in the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant was under the influence of alcohol at the time of the instant crime, and thus, the Defendant did not have lost or weak ability to discern things or make a decision. Therefore, the
B. As to the assertion of unfair sentencing, the defendant was tried before several times for the crime related to violence and gambling, the defendant was sentenced to a punishment for the violation of the Act on the Promotion of Game Industry and committed the crime of this case again during the repeated crime period. In particular, as to the violation of the Punishment of Violences, etc. Act, the violation of the Act on the Punishment of Violences, etc. constitutes an unfavorable element of sentencing in light of the fact that the applicable law is extremely imminent and dangerous, and the criminal liability is grave, but the defendant is against his mistake. However, in light of all the factors of sentencing as shown in the argument of this case, including the fact that the defendant agreed with the victim and the victim did not want to punish the defendant, and the victim did not want to punish the defendant, the punishment of the defendant is somewhat excessive.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.