특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
excessive two copies seized (a certificate in the list of seizure).
The gist of the defendant's appeal is that the court below did not recognize that the defendant committed the crime of this case under the condition of mental disorder under the influence of alcohol. Thus, the court below erred by misunderstanding the facts about mental disorder or by misunderstanding the legal principles, which affected the conclusion of the judgment, and the judgment of the court below is too unfair (one and half years of imprisonment).
According to the records of this case, the defendant had no or weak ability to discern things or make decisions at the time of committing the crime of this case.
Since the defendant's mental disorder cannot be seen, it is without merit.
However, considering the fact that the defendant has reached an agreement with the victim at the time of the trial, and other various circumstances that form the conditions for sentencing as shown in the instant case, since the sentence imposed by the court below against the defendant is unreasonable, the defendant's improper argument in sentencing is justified.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;