폭력행위등처벌에관한법률위반(상습상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of mental disorder or mental retardation.
B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. Ex officio determination ex officio, the prosecutor applied for changes in the indictment to the effect that he/she indicted as a single crime of violation of the Punishment of Violences, etc. Act (Habitual Intimidation), the Punishment of Violences, etc. Act (Habitual Intrusion), the violation of the Punishment of Violences, etc. Act (Habitual Intrusion), and the violation of the Punishment of Violences, etc. Act (Habitual Bodily Injury), and the violation of the Punishment of Violences, etc. Act (Habitual Bodily Injury). The subject of the trial is changed by the court's permission. The judgment of the court against the defendant was no longer maintained.
However, the defendant's argument about mental disorder is still subject to the judgment of this court.
B. According to the judgment and evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was under the influence of drinking alcohol to a certain extent at the time of each of the crimes of this case, but did not have the ability to discern things or make decisions, in light of the form and method of the crime of this case, and the defendant's speech and behavior at the time.
did not appear to have existed in or weak condition.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is only to delete the names of crimes of 2, 19, 4, 1, 6, 12, and 13 of the judgment of the court of original instance.