재물손괴등
The judgment of the first instance shall be reversed.
The punishment of the accused shall be determined by a year of imprisonment.
1. The judgment of the court of first instance is based on erroneous facts of the grounds for appeal (as to the crime No. 1. A. of the crime stated in the judgment of the court of first instance, the defendant merely followed the victim D's face, left away from glass or knife, and did not assault the above victim, and ② As to the crime No. 1. C. of the crime stated in the judgment of the court of first instance (as to the crime No. 1. of the crime in the judgment of the court of first instance, the defendant did not damage a knife on a signboard owned by the victim J
A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court, including witness D and V in regard to the assertion of mistake of facts, the defendant can be recognized as having displayed a knife and assaulted the victim D and damaged a standing signboard owned by the victimJ. Therefore, each of the above arguments by the defendant disputing this issue is not acceptable.
B. According to the record as to the assertion of mental disorder, the defendant has undergone mental therapy for a long time due to stimulative disorder, alcohol dependence, etc., and has undergone continuous medication even recently. Considering the circumstances of each of the crimes of this case, the defendant's behavior before and after the crime of this case, circumstances after the crime of this case, witness's statements, etc., it is sufficient to deem that the defendant had a somewhat weak ability to distinguish things or make decisions due to the above mental disorder, etc., which is a soldier at the time of each of the crimes of this case, the above assertion by the defendant is justifiable.
3. According to the conclusion, the judgment of the first instance court is reversed under Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s appeal and without examining the allegation of unfair sentencing, and the judgment is again rendered as follows through pleading.
Criminal facts and the summary of the evidence recognized by the court, as well as those recognized by the court.