폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder by drinking at the time of committing the instant crime.
B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.
2. First, we examine the Defendant’s mental and physical argument.
Defendant
In light of the F’s legal statement of the witness F of the trial at the court, the Defendant’s reputation is about 1 to 2 soldiers per week, and the Defendant was able to recognize the fact of committing the instant crime in a situation where it is difficult to engage in normal behavior due to drinking and other circumstances, such as the background and result of the instant crime committed before and after the instant crime, the Defendant’s behavior before and after the instant crime, and the circumstances after the instant crime, etc., even though the Defendant did not seem to have the ability to distinguish things or make decisions at the time of the instant crime, the Defendant’s mental and physical disorder is recognized to have lacking the ability to discern things or make decisions, and thus, the Defendant’s mental and physical disorder is justified within the scope of mental disability.
3. Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by the court is as follows. The defendant of the third instance among the facts constituting an offense of the judgment of the court below added "in a state where the defendant lacks the ability to discern things or make decisions under the influence of alcohol," and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 36
Application of Statutes
1. The relevant Article of the Criminal Act and the act of violence, etc.;