폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental disability with mental disability due to intellectual disability and liverness.
B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the defendant's appeal ex officio, and the prosecutor applied for changes in the indictment with regard to "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" as "special intimidation" and "Articles 3(1), 2(1)1, and 283(1) of the Punishment of Violences, etc. Act" as "Article 284 of the Criminal Act and Article 283(1) of the Criminal Act" as "Article 283 of the Criminal Act and Article 283(1) of the Criminal Act" as the name of the crime charged in the instant case, which is the name of
(On the other hand, the defendant's argument about the mental and physical disorder is still subject to the judgment of this court, and as long as the defendant's argument about the mental and physical disorder is accepted as seen below, the defendant's above argument shall not be judged separately). 3. Thus, the judgment of the court below is reversed without examining the defendant's argument about unfair sentencing, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is
[Dao-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are added to the facts of the crime of the first instance in the judgment of the court below, "the defendant" in the first instance in the judgment of the court below, and "the defendant lacks the ability to discern things or make decisions due to intellectual disorder and liverness", and "1. The defendant's partial statement" in the summary of the evidence is changed to "1.1. The defendant's own statement of opinion" and "1.1."