특수폭행등
The part of the judgment of the court below with the exception of the crime No. 3 (A) of the judgment of the court below and the judgment of the court below shall be reversed.
1. Summary of grounds for appeal;
A. Defendant 1) While under the influence of alcohol at the time of committing a crime of mental illness, the Defendant was in the state of mental disability or mental disability. 2) The punishment sentenced by the first instance court of unfair sentencing (the crime of provisional punishment in the judgment of the first instance: two months of imprisonment, and the remaining crimes: one year of imprisonment) is too unreasonable.
B. The sentence (5 million won of a fine) imposed by the court below of the second instance is too unhued and unreasonable.
2. Determination
A. Of the judgment of the court of first instance, the remaining crimes except for the crimes No. 3 A and the judgment of the court of second instance are examined ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor. Since the judgment of the court of first instance is rendered to the defendant, the first and the judgment of the court of first instance appealed against the judgment of the court of first instance, and the prosecutor appealed against the judgment of the court of second instance, and the court of second instance decided to concurrently deliberate on the above two appeals cases. As the judgment of the court of second instance is decided differently from the judgment of the court of second instance, the first and the remaining crimes except for the crimes No. 3 A in the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the remaining crimes except for the crimes No. 3 A in the judgment of the court of first instance and the crimes under Article 38 (1) of the Criminal Act against the defendant are concurrent crimes, the remaining crimes except for the crimes under Article 3 in the judgment of the court of first instance and the court of second instance are still subject to the judgment's mental and physical disorder.
However, the motive, background, means and method of each of the crimes of this case as shown in the record, and before and after the crime.