폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등
The judgment of the first instance is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. The Defendant with mental disorder was under the influence of alcohol at the time of committing each of the instant intimidation, and was in a state of mental disorder or mental disability.
B. The first instance sentence of unfair sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. In the trial of the court, the ex officio determination prosecutor applied for changes in the indictment with respect to "violation of the Punishment of Violences, etc. Act (Intimidation against the existence of a deadly weapon, etc.)" as "special lineal ascendant threat" and the applicable provisions of the Act to "Article 284 and Article 283 (2) and (1) of the Criminal Act". The subject of the trial was changed by the court's permission.
The first instance court deemed this part of the facts charged and the remainder of the facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment pursuant to Article 38(1)2 of the Criminal Act, so the judgment of the first instance is no longer maintained in its entirety.
However, despite the above reasons for ex officio destruction, the defendant's argument about mental disorder is still subject to the judgment of this court, and the following is examined.
B. According to the record on the assertion of mental disorder, even though the defendant was deemed to have a drinking condition at the time of the crime of intimidation, the defendant did not have the ability to maintain right and wrong or make decisions due to drinking, in light of the background, means and methods of the crime, and the circumstances after the crime.
There was no or weak state.
The defendant's mental disorder is without merit.
3. In conclusion, the first instance judgment is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the following is again decided as follows.
Criminal facts
The summary of the evidence and the criminal facts recognized by the court and the summary of the evidence are as shown in each corresponding column of the judgment of the court of first instance.