폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Influences (Evidence No. 1), gasoline evidence.
1. Summary of grounds for appeal;
A. (1) The Defendant was in a state of mental and physical disability at the time of committing the instant autopsy.
B. The sentence of unfair sentencing (two years and six months of imprisonment, confiscation) of the lower court is too unreasonable.
B. The above sentence of the lower court is too unhued and unfair.
2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the first head of the facts charged against the Defendant was examined by the prosecutor, and the prosecutor applied for permission of modification of an indictment to add “the Defendant was suffering from Malul Eul Epid Epid and alcohol dependence and was in a state where the ability to discern things or make decisions was weak.” In addition, this court applied for medical treatment and custody and decided to consolidate the Defendant’s case and medical treatment and custody case, and the judgment of the court below cannot be maintained as it is because the subject of the judgment was modified.
3. Therefore, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the above legal principles of the defendant, the prosecutor's assertion of unfair sentencing, and the prosecutor's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is also reversed, and the request for medical treatment and custody
Criminal facts
The criminal facts acknowledged by this court are criminal facts in front of the criminal facts as stated in the judgment of the court. "The defendant suffered from Eulph and alcohol dependence, and thus lacks the ability to discern things or make decisions." The criminal facts in the last part of the above criminal facts are "the applicant for medical treatment and custody suffers from Eulph and alcohol dependence, and the applicant for medical treatment and custody suffers from Eulph and alcohol dependence, who lacks the ability to discern things or make decisions, and they committed each of the above criminal acts at the current medical treatment and custody facility.