폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.
B. The sentence sentenced by the court below to the defendant (the imprisonment of eight months and confiscation) is too unreasonable.
2. Determination
A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was deemed to have committed the instant crime under drinking, in view of the circumstances following the commission of the instant crime, the background leading up to the instant crime, the Defendant’s behavior at the time of committing the instant crime, etc., the Defendant had no or weak ability to discern things due to drinking at the time of stopping the instant crime.
Therefore, the defendant's mental and physical disability argument is without merit.
B. Although the defendant was sentenced to a fine once due to the violation of the Punishment of Violences, etc. Act due to the crime of the same kind and method as the crime of the crime of this case, the crime of this case was committed by the defendant. The crime of this case was committed by the defendant, at the time and time stated in the judgment of the court below, and at the place of the crime of this case, the defendant left hand hand hand over the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.