폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.
B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
The lower court applied Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to the facts constituting an offense as indicated in the lower judgment.
In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that the punishment of a person who commits an injury by carrying a deadly weapon or other dangerous object as a consequence of the promulgation and enforcement of the Act by Act No. 13718, Jan. 6, 2016, was deleted, and Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act are deemed to be an amendment of the Act based on reflective consideration that the previous sentencing was too serious, and thus, the Act on Punishment of Violences, etc. cannot be applied to the above facts charged, and the special crime of injury (including special injury, including this part of the facts charged, and to the extent that it can be recognized without modification of the Act) under Article 258-2(1) of the Criminal Act newly established shall be applied.
Therefore, the judgment of the court below cannot be maintained any more.
However, despite the above reasons for reversal of authority, the defendant's argument of mental and physical weakness still is subject to the judgment of this court.
3. According to the evidence duly admitted and examined by the lower court on the Defendant’s assertion of mental and physical weakness, the Defendant is deemed to have committed the instant crime under the influence of alcohol. However, in light of the background, means and methods of the instant crime, and the circumstances before and after the instant crime, etc., this is thereby attributable.