사기등
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. Each of the instant crimes committed by the Defendant with mental or physical disorder is an insane by proof of alcohol, or a state of mental or physical disability.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor changed the name of the crime in each indictment from the trial court to the “Habitual Fraud”, and applied for the amendment of an indictment with the content that add “Article 351 of the Criminal Act” to the applicable provisions of each of the above indictment, and the judgment of the court below can no longer be maintained due to the change in the subject matter of the judgment by allowing it.
B. Although the above ground for ex officio reversal as to the assertion of mental disorder exists, the defendant's mental disorder still is subject to the judgment of this court. Thus, in light of the process of each of the crimes of this case, the means, content and method of committing each of the crimes of this case, the defendant's criminal record relation, etc., the defendant did not have the ability to discern things or make decisions due to alcohol proof at the time of the crime
Since it does not seem that there was or was a weak state, this part of the defendant's assertion is rejected.
3. Thus, 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, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts and evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 351 and 347(1) of the Criminal Act (generally, the choice of imprisonment with prison labor) concerning criminal facts.