폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence No. 1 shall be confiscated.
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant was under the influence of alcohol, and had mental and physical loss, such as mental disorder, behavioral disorder, depression, etc. due to the use of ordinary alcohol, and was in the state of mental and physical weakness or mental weakness.
B. The sentence sentenced by the lower court (two years of imprisonment, confiscation) is too unreasonable.
2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the following facts: “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” in the name of the crime at the trial of the party; “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” in “special injury”; “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act; Article 283(1) of the Criminal Act” in the applicable law, “Article 284 and Article 283(1) of the Criminal Act” in “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act was amended to “Article 258(2)1 of the Criminal Act; and Article 283(1) of the Criminal Act was amended to “Article 284 and Article 283(1)3 of the same Act.”
On the other hand, each of the facts charged and the remaining facts charged in the judgment of the court below guilty should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.
Ultimately, the judgment of the court below cannot be maintained as it is.
However, notwithstanding the above reasons for reversal ex officio, the above argument by the defendant is still subject to the judgment of this court, and this is examined below.
3. According to the record as to the assertion of mental and physical disorder, the fact that the defendant had received multiple hospital treatment from around 2007 due to depression and alcohol together, and the fact that the defendant was in a certain state of drinking alcohol at the time of committing the instant crime is recognized.
However, the circumstances leading the defendant to commit the crime, and the means and methods of committing the crime.