Text
The judgment below
The part of the judgment No. 1 is reversed.
As to the crime No. 1 of the judgment of the defendant, six months of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in the state of mental disorder or mental disorder under the influence of alcohol at the time of committing the crime No. 2 in the judgment of the court below.
B. The lower court’s sentence of unreasonable sentencing (the first crime on the market: imprisonment with prison labor for six months, and the second crime on the market: imprisonment with prison labor for one year and six months, and confiscation) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the fact that the defendant committed the crime of the crime of the crime of the crime of the crime of the crime of the second in the influence of alcohol may be acknowledged. However, in light of the following circumstances acknowledged by the above evidence, namely, the circumstance leading the defendant to the crime, the method of the crime, and the specific behavior attitude of the defendant before and after the crime, the defendant did not have the ability
Since it seems that it does not seem that it has reached a state or weak, the defendant's defect or mental disability argument is without merit.
B. (1) The lower court’s punishment on the crime No. 1 in its judgment on the assertion of unfair sentencing is somewhat unreasonable considering the following circumstances: (a) the Defendant could have been punished for driving without a license for the Defendant; (b) the Defendant did not actively endeavor to recover damage; (c) the Defendant did not reach an agreement with the victim; and (d) the Defendant took a unfaithful attitude in the police investigation process; or (c) the Defendant was in the court of the lower judgment, which recognized the Defendant’s mistake; (d) the personal and material damage inflicted on the victim due to the instant crime is deemed not to be serious; (e) equity with the case where the judgment is rendered simultaneously with each crime for which the judgment became final and conclusive; and (e) other sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, background, means and consequence of the crime; and (e) the circumstances before and after the crime
(ii).