폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for four months;
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental or physical disability or mental disability.
B. The sentence (six months) imposed by the lower court on the grounds of unfair sentencing is excessively unreasonable.
2. Determination
A. An ex officio determination prosecutor filed an application with this court for changes to the name of the offense against the defendant as "special assault", and the applicable provisions of law were amended to "Article 261 and Article 260 (1) of the Criminal Act", and this court permitted this.
Since the subject of adjudication was changed, the judgment of the court below cannot be maintained as it is.
However, the defendant's argument about mental disorder is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
B. According to the record on the argument of mental disorder, although the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of the background, means and methods of the crime, etc., the defendant did not have the ability or decision-making ability to discern things due to drinking at the time of the crime.
It does not seem to be in a state or weak.
Therefore, the defendant's mental disorder is without merit.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant Article of the Criminal Act and Articles 261 and 260(1) of the Criminal Act regarding criminal facts and the selection of punishment are confessions and reflects by the defendant, the victim wants to leave the Defendant’s wife by agreement with the victim, and the statutory penalty is minor in the trial.