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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.
B. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.
2. Determination
A. According to the records of this case as to the assertion of mental disorder, it is recognized that the defendant had a drinking condition at the time of the crime of this case, but in light of various circumstances such as the circumstances leading to the crime of this case, the means and method of the crime, the process of the crime, and the defendant's act before and after the crime of this case, the defendant did not have the ability or ability to make a decision on the ability to discern things
Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.
B. In light of the form, method, mode, and result of damage, etc. of the instant crime, the nature of the relevant crime is very serious in light of the determination of unfair sentencing, and the Defendant has already been punished several times as violent crimes, and the Defendant began to commit the instant crime again from the time when two months have elapsed since being sentenced to a fine due to obstruction of business, etc., and even if not, it appears that some victims did not agree with the Defendant.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime of this case, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable. Thus, the Defendant’s assertion is reasonable, inasmuch as it is deemed that the sentence imposed by the lower court is somewhat unreasonable.
3. Accordingly, the defendant's appeal is justified.