폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal is that the defendant committed the crime of this case in a state of mental and physical disability where the defendant is too much drinking together with the victim, and the victim committed the crime of this case in a state of mental and physical disability.
2. In full view of all the circumstances such as the process and method of the instant crime and the circumstances before and after the instant crime, it is recognized that the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime. Therefore, the above assertion by the Defendant is with merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts and evidence admitted by this court is as follows, except for the deletion of the statements on the criminal records in the judgment of the court below concerning the whole criminal records, and the addition of "where the person lacks the ability to discern things or make decisions due to drinking," between "in the process of drinking alcohol" and "in the process of drinking alcohol" as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
2. Article 10 (2) and (1) of the Criminal Act and Article 55 (1) 3 of the Act on a mentally ill person;
3. The crime of this case in the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the favorable circumstances among the reasons for the following promotion) is that the defendant inflicted an injury on the victim's face due to beer, and the risk of the act or the degree of injury suffered by the victim is not insignificant. The defendant committed the crime of this case without being aware during the period of suspended execution due to a driving without a license for drinking alcohol, and the defendant committed the crime of this case without being aware of it.