폭력행위등처벌에관한법률위반(상습상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of the grounds for appeal (the mental and physical weak and unfair sentencing);
A. The Defendant committed each of the instant crimes in a state of lacking the ability to discern things or make decisions because the Defendant was suffering from mental illness such as depression, alcohol addiction, and mental fission, with a mental retardation of grade III, and thus committing each of the instant crimes.
B. The sentence of the lower court (two years of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
With respect to the crime No. 2 as stated in the judgment of the court below, the prosecutor applied the applicable law to "Habitual injury, damage to property," and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" as "Article 264, Article 257 (1), and Article 366 of the Criminal Act" as "Article 264, Article 257 (1), and Article 257 (1) of the Criminal Act" of the facts charged as stated in the judgment of the court below as to the crime No. 2 as stated in the judgment of the court below, and the "violation of the Punishment of Violences, etc. Act (Habitual injury)" in the facts charged as stated in the judgment of the court below was changed to "Habitual injury, damage to property, etc." and the judgment of the court below cannot be maintained any more.
3. On the ground of ex officio reversal of the Defendant’s assertion of mental and physical weakness, the Defendant’s assertion of mental and physical weakness is still subject to the judgment of this court, and this is to be examined.
According to the records, it is recognized that the defendant was suffering from alcohol or alcohol dependence at the time of each of the crimes of this case.
However, in light of the motive and background leading up to each of the instant crimes, the means and method, the circumstances before and after the commission of the crime, etc., the Defendant had the weak ability to discern things or make decisions due to drinking or mental illness.
shall not be appointed by a person.
The above assertion by the defendant is without merit.
4. Accordingly, the court below's decision on the ground that the above reasons for reversal are justified.