폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. At the time of committing the instant special assault, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.
B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio determination, the prosecutor examined the facts charged in the instant case as “special assault” from “violation of the Punishment of Violences, etc. Act (collective violence, etc.)”, and applied for permission to change the applicable provisions to “Article 261 and Article 260(1) of the Criminal Act” from “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act,” and the same court was changed by granting permission.
The judgment of the court below is no longer maintained due to the above reasons for ex officio destruction, but the defendant's mental and physical argument is still subject to the judgment of the court, and this is examined.
B. According to the records on the assertion of mental disorder, it may be recognized that the defendant had a drinking condition at the time of committing a special assault against C. However, in full view of the background leading up to the crime of this case, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions at the time of the crime.
Since it seems that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.
3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.
【Discretionary Judgment】 Summary of Criminal facts and Evidence