사서명위조등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of seven million won.
The defendant above.
1. Summary of grounds for appeal;
A. The crime of joint assault in this case committed by Defendant was committed in a state of weak mental and physical disorder (or mental disorder in the case of 2013 high-level 1271). The punishment (the first instance court: imprisonment with prison labor for a period of one year and six months, and the second instance: imprisonment with prison labor for a period of six months, and the third instance court: a fine of five million won) imposed by each court below on Defendant is too unreasonable.
(F) 2.2
The sentence sentenced by the first instance court against the prosecutor's defendant is too unhued and unfair.
(2) On February 2, 200, the case of appeal against the defendant and prosecutor's reasons for appeal against the judgment of the court of appeal against the judgment of the court of appeal 2013No1151, this court of appeal against the judgment of the court of appeal against the judgment of the court of appeal 2013No1224, this court of appeal against the judgment of the court of appeal 2013No1546, which is the appellate case against the judgment of the court of appeal 2013No1224, and the judgment of the court of appeal 2013No1546, which is the appeal against the judgment of the court of appeal against the judgment of the court of appeal 200, was all consolidated in the proceedings of the court of appeal. Each crime of the judgment of the court of appeal is
However, despite the existence of such reasons for ex officio reversal, the defendant's claim of mental retardation against the judgment of the third court is still subject to the judgment of this court, so it is viewed as a matter of this.
3. According to the evidence duly adopted and examined in the third instance judgment as to the claim of mental disability, it is recognized that the defendant committed a joint assault under the influence of alcohol, but in light of the circumstances leading up to the crime of joint assault, the means and method of the crime, the defendant's behavior before and after the crime, etc., it is not deemed that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime. Thus, the defendant's argument of mental or physical disability is without merit.
4. Accordingly, the judgment of the court below is above.