폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the period of one year from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss due to mental illness, such as a bipolar disorder, and a man who has symptoms of mental illness.
B. The sentence sentenced by the lower court to the Defendant (nine months of imprisonment and two years of suspended sentence) is too unreasonable.
2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the defendant ex officio, and the prosecutor applied the provision applicable to the crime against the defendant as "special injury" under Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act, "Article 258-2 (1) and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act," and the judgment of the court below is no longer maintained since the defendant's act was modified by permission.
However, despite the above reasons for reversal of authority, the above argument by the defendant is still subject to the judgment of this court, and this is examined.
3. According to the record of determination on the assertion of mental disorder, the Defendant appears to have suffered from mental illness such as divesive disorder at the time of committing the instant crime.
However, in light of the background, process, means and method of the instant crime committed by the lower court and the lower court based on the evidence duly admitted and examined, and the Defendant’s act before and after the instant crime, the Defendant was in a state of mental and physical loss having no ability to discern things or make decisions due to mental illness beyond the degree of mental and physical weakness recognized by the lower court at the time of the instant crime.
It is difficult to see it.
Therefore, the defendant's mental disorder is without merit.
4. In conclusion, the judgment of the court below is justified since there is a ground for reversal ex officio.