폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by a year of imprisonment.
Seized evidence No. 1 shall be confiscated.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss due to unstable personality disorder and acute alcohol addiction.
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 ex officio appeal.
In the appellate trial before remanding the defendant, the prosecutor changed "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special assault" and "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act" in the applicable law to "Article 261 and Article 260 (1) of the Criminal Act" as "Article 260 (1) of the Criminal Act."
The court of appeal prior to the remand changed the subject of the adjudication.
In addition, after remanding the case, the appellate court filed an application for changes in the indictment with regard to "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special injury", and "Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act" as "Article 258-2 (1) and Article 257 (1) of the Criminal Act" as "Article 257 (1) of the Criminal Act."
This court's permission was changed to the subject of the judgment.
Therefore, the judgment of the court below is no longer maintained.
B. According to the record of the determination on the assertion of mental and physical loss, the Defendant had been hospitalized over several occasions due to mental illness, such as 10 years ago, but has been hospitalized since around 10 years ago due to conversion disorder, uneasiness, nautical-nautical miles training, fluor, depression, and depression. The fact that the Defendant committed the instant crime while drinking a large quantity of alcohol
However, in light of the circumstances after the Defendant committed the instant crime, the background leading up to the instant crime, and the Defendant’s behavior at the time, etc., at the time when the Defendant prevented each of the instant crimes.