특수절도미수등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
In each of sub-paragraphs 1 through 4, seized evidence.
1. Summary of grounds for appeal;
A. Mental and physical disorder - With respect to attempted special larceny of the lower judgment - The Defendant was in a state of mental and physical disorder under the influence of alcohol at the time of the crime.
B. The sentence of the lower court’s unfair sentencing (the first instance judgment: imprisonment with prison labor for August and the second instance judgment: imprisonment with prison labor for one year) is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the court below against the defendant was rendered separately, and the defendant filed an appeal against this case. This court decided to hold a joint hearing of each of the above appeals cases.
Therefore, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38 (1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below against the defendant can not be maintained as it is.
However, notwithstanding the above reasons for reversal ex officio, the defendant's mental and physical disorder with respect to attempted special larceny in the judgment of the court of first instance is still subject to the judgment of the court of this Court, and the following is examined.
3. According to the records on the assertion of mental and physical disorder, although the defendant is deemed to have a drinking alcohol at the time of the crime in this case, in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant was unable or weak to discern things due to drinking at the time of the crime in this case. Thus, this part of the defendant's assertion is without merit.
4. As such, the defendant's mental and physical argument is without merit, but the judgment of the court below is without merit, and there is a ground for reversal of the above authority. Thus, without examining the defendant's unfair argument of sentencing, all of the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is
[Judgment to be used again]