폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. Summary of grounds for appeal;
A. When each of the instant crimes was committed, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disorder.
B. The sentence of imprisonment (six months of imprisonment and confiscation) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. According to the records on the assertion of mental and physical disorder, even though the defendant was found to have committed each of the crimes in this case under drinking, in light of the circumstances before and after the commission of each of the crimes in this case, the circumstances leading to each of the crimes in this case, the defendant's behavior at the time, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions due to drinking at the time of stopping each of the crimes in this case, and therefore, the defendant's mental and physical disorder argument
B. Although the judgment on the assertion of unfair sentencing is based on the records of the defendant's punishment for the same crime as the crime of property damage in this case, each of the crimes in this case was committed without being aware of the suspension of the execution of imprisonment. The defendant's crime of intimidation to carry the deadly weapons in this case was committed again without being aware of during the suspension of the execution of imprisonment. The defendant's crime of intimidation to carry the deadly weapons in this case was committed at the date and time stated in Paragraph (1) of the crime in the judgment of the court below, and at the place of the crime in this case, hearing the statement that the victim's passbook used by F from the victim E is returned to the victim's hand, and the victim's knife knife knife knife knife knife knife knife knife knife knife k, which is a deadly weapon in his possession, and there is a need to seriously punish the defendant.