특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
One cuter (Evidence No. 1), d. B.
1. Summary of the grounds for appeal;
A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.
B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, confiscation) is too unreasonable.
2. Determination
A. The judgment of ex officio becomes final and conclusive, and the application for amendment to a bill of amendment was filed with the deletion of Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes among applicable provisions of the Act, and the judgment of the court below cannot be maintained as the case was changed by the permission.
However, the defendant's assertion of mental disability is still subject to the judgment of this court despite the above reasons for ex officio reversal, and it will be examined below.
B. According to the records on the determination of mental and physical disability, the defendant may be deemed to have been under the influence of alcohol at the time of committing the instant crime. However, in light of the motive, background, means and methods of the instant crime, and the circumstances before and after the instant crime, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of committing the instant crime. Therefore, the above argument by the
3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds that the defendant's ground of appeal is without merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 331 of the Criminal Act concerning criminal facts.