폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
A candidate for medical treatment and custody shall be punished by medical treatment and custody.
1. Summary of grounds for appeal;
A. The Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) at the time of each of the instant crimes were in a state of mental disorder due to the symptoms and obsessation of alcohol dependence at the time of the instant crimes.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. According to the statement on the defendant of the Medical Treatment and Custody Director by the court’s request for mental appraisal of this case, the defendant is deemed to have a aggressive behavior, emotional instability, and disorder of judgment on the part of the defendant. In full view of the motive, circumstance, means and mode of each of the crimes of this case recognized by the evidence duly adopted and investigated by the court below, etc., the defendant at the time of each of the crimes of this case was presumed to have been in a state where the above aggressive behavior, emotional instability, and disorder of judgment on the part of the defendant was shown.
Therefore, it is reasonable to view that the Defendant was in a state of mental disability with respect to which the ability to discern things or make decisions was deteriorated due to the symptoms of alcohol dependence at the time of each of the instant crimes.
Therefore, the defendant's argument of mental disability is justified.
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the defendant's appeal is again decided after oral argument as follows.
Criminal facts
The facts of the cause of medical treatment and custody [criminal facts] The criminal facts acknowledged by this court are as follows, except for adding "the defendant committed each of the following crimes in a state that the defendant has a lack of the ability to discern things or make decisions due to alcohol dependence upon proof of the lower judgment" to the first head of the criminal facts of the lower judgment, and therefore, it is identical to the corresponding column of the lower judgment. Therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act