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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, assault and.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.
B. The Defendant was not guilty of each of the facts charged in this case.
(c)
The sentence of the lower court (one year of imprisonment) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of the crime of this case, considering the background, process of the crime, the defendant's behavior before and after the crime of this case, it does not seem that the defendant lost his ability to discern things or make decisions, or that the defendant's mental disorder is weak. Thus, the defendant's mental disorder argument is without merit.
B. 1) According to the evidence duly admitted and examined by the court below as to the charge of attempted property damage and insult, the defendant was parked as stated in the judgment of the court below.
It is fully recognized that the studs of low string vehicles have taken drinking, and that the Incheon Southern East Police Station had h's bath at the Man-gu Incheon East Police Station.
Therefore, the defendant's argument on this part is without merit.
2) On October 8, 2016, at the front parking lot of the building in Nam-gu, Incheon Metropolitan City, the Defendant: (a) told the victim D to damage his/her own vehicle; (b) stated, “I would like to die, I would like to die” on the part of the victim; (c) the victim would face with the damaged person on the elevator wall; and (d) the victim’s chest was threatened with the victim’s face; and (d) the victim was reported to be assaulted continuously.
D The victim F was assaulted when the victim F was fluely blue of the victim's chest due to his shocking blue.
B) We examine the judgment, and the above charged facts.