폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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 grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical weakness by drinking alcohol.
B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court, the prosecutor applied for the permission to amend the provisions of Article 258-2(1) and Article 257(1) of the Criminal Act to "Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act" among the names of the defendants in the crime committed by the defendant as "special injury", and since the court applied for the permission to amend the indictment to "Article 258-2(1) and Article 257(1) of the Criminal Act, the judgment of the court below is no longer maintained."
However, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, and this is examined.
3. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, it is acknowledged that the defendant had drinking alcohol at the time of each of the crimes of this case, but it does not seem that the defendant lacks the ability to discern things or make decisions, considering the contents of the statement made by the defendant to the investigation agency, the situation at the time of the crime of this case, the method and the defendant's behavior before and after the crime of this case. Thus, the above assertion by the defendant is rejected.
4. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court.