폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability due to drinking at the time of the instant crime.
B. The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. In full view of the circumstances leading up to the instant crime, the means and method of the crime, the act of the defendant before and after the crime, the circumstances after the crime, and the amount of the defendant's reputation, which are acknowledged by the evidence duly adopted and examined by the court below as to the claim of mental retardation, it cannot be seen that the defendant was found that he had a considerable number of drinking at the time of the instant crime, but it does not seem that the defendant had a lack of ability to discern things or make decisions, and thus, the above argument by the defendant
B. We examine the argument of unfair sentencing, and the crime of this case was committed with beer disease, which is a dangerous object, and the nature of the crime and the crime of this case were less and less criminality in light of the content of the crime. However, the defendant's mistake was divided in depth, and the defendant reached an agreement with the victim, and considering various conditions of sentencing as shown in arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence of the court below is deemed unreasonable. Thus, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted 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. Articles 3(1) and 2 of the Punishment of Violences, etc. Act concerning a crime;