폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
The punishment of the accused shall be determined by one year and six months.
A seized knife (L.)
1. Summary of grounds for appeal;
A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.
B. The sentence sentenced by the lower court is too unreasonable.
2. Determination:
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
In an appellate trial, the Prosecutor filed an application for changes in the indictment with regard to the Defendant’s name of the crime (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as “special injury under the Criminal Act”; and the applicable legal provisions “Article 3(1), 2(1)3, and Article 257(1) of the Punishment of Violences, etc. Act; and Article 257(1) of the Criminal Act” as “Article 258-2(1) and Article 257(1) of the Criminal Act” respectively; and this court approved the amendment to the indictment.
Therefore, the judgment of the court below can no longer be maintained.
B. According to the record on the assertion of mental disorder, even though the Defendant was aware that he had a drinking condition at the time of the instant crime, in light of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions due to drinking.
shall not be deemed to exist.
The defendant's mental disorder is not accepted.
3. As such, 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 unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 258-2 of the Criminal Act concerning the crime