폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. Summary of grounds for appeal;
A. The Defendant, at the time of the instant crime, was under the influence of alcohol and had weak ability to discern things or make decisions.
B. The lower court’s imprisonment (one year and six months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.
2. According to the evidence duly admitted and investigated by the court below, the defendant was under investigation by the police following the day following the crime, but was under investigation by the prosecution after the day of the crime, and was unable to properly memory whether the defendant committed the crime of this case under the influence of alcohol, the victim was also under the influence of alcohol, and stated that the defendant committed the crime of this case by making the defendant genuine by going through a breathy and breathing the disturbance. The defendant was hospitalized by alcohol addiction for a long time, and the defendant was under medical treatment, etc. after the crime of this case, and the fact that the defendant was arrested by the police officer at the nearest convenience point after the crime of this case. According to this, the defendant committed the crime of this case under the influence of changing things or lacking decision-making ability at the time of the crime of this case.
3. If so, the defendant's argument is reasonable, and thus, without proceeding to decide on the argument of unfair sentencing, it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of the judgment of the court below in addition to the addition of "the defendant at the last sentence of the facts charged" to "the state where the defendant is under the influence of alcohol and lacks the ability to discern things or make decisions," and therefore, it is also acceptable in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes: