[폭력행위등처벌에관한법률위반·특수공무집행방해피고사건][고집1968형,9]
The case recognizing mental illness
Three persons are mixed with 2 weeks and galkings, and they go back to the calendar plaza at the end of drinking her drinking and go to the control police officer without any reason, and if they are frighted to drinking, they are faced with the chest and left hand of the police officer with their glass view without any reason, they seem to be bread by an act due to mental disorder due to under the influence of alcohol.
Article 10 of the Criminal Act
Defendant
Prosecutor
Busan District Court (67Da8219)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
85 days out of the number of days of detention in the original trial prior to rendering a judgment shall be included in the above principal sentence.
The gist of the grounds for appeal by the prosecutor is that the determination of the court below's punishment against the defendant is unfair because it is too unfilled. Thus, according to the records of this case in the statement of the defendant in the party process, the defendant drinks alcohol without her frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting.
The criminal facts and evidence to be admitted as a member of the party are the same as those of the court below, which are not added to the defendant's statement in the party process.
Article 2(2) of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act provides that Article 144(2), Article 144(1), and Article 136(1) of the same Act provides that Article 136(1) of the same Act provides that a person shall be punished by imprisonment for a limited term of imprisonment among the prescribed types of punishment in the preceding crime, and Article 144(2), Article 136(1) of the same Act provides that a person shall be punished by imprisonment for a limited term of imprisonment, among the prescribed types of punishment in the preceding crime, and the defendant shall be punished by drinking alcohol at the time of the crime of this case and has lacks the ability to discern things and make decisions due to mental or physical disorder. Thus, Articles 10(2) and 55(1)3 of the same Act provide that the above punishment shall be legally mitigated for each of the above punishment, and the above several crimes are concurrent crimes under the former part of Article 37 of the same Act, and thus, Article 38(1)2 of the same Act provides that a person shall be punished by imprisonment with prison labor within 5 months.
Judges Kim Young-ro (Presiding Judge) Park Jong-il Park