폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the first judgment of this case, was in a state of mental health and physical disability due to drinking.
B. The sentence of unfair sentencing (the first instance court: imprisonment with prison labor for six months and the second instance court: imprisonment with prison labor for eight months) by each lower court is too unreasonable.
2. Determination
A. Prior to the judgment on each of the grounds for appeal above ex officio, the first and second court sentenced the defendant to the above punishment after having undergone a separate hearing against the defendant respectively, and the defendant filed an appeal against the first and second original judgment, and the court of the original instance decided to hold concurrent hearings. The first and second court's offenses against the defendant shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes under Article 38 (1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, all of the judgment of the court below cannot escape from reversal.
Although the judgment of the court below can no longer be maintained due to the above reasons for ex officio destruction, the defendant's claim of mental disability in the first judgment of the court of first instance is still subject to the judgment of the court of this court
B. In full view of the circumstances leading to the instant crime, the method and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, etc., acknowledged by the evidence of the first instance court’s determination on the Defendant’s first instance judgment, as to the Defendant’s claim of mental and physical disability, it cannot be deemed that the Defendant at the time of the instant crime, even though he was aware that drinking was in a state of drinking, was in a state of lacking the ability to discern things or make decisions due to drinking. Thus,
3. Accordingly, the judgment of the court below has the above reasons for ex officio reversal.