폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Progress of litigation;
A. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to one year of imprisonment, and the Defendant appealed against the lower judgment.
B. Prior to the remand, the lower court partially accepted the Defendant’s appeal and reversed the lower judgment, and sentenced the Defendant to eight months of imprisonment, and the Defendant appealed against this.
C. The Supreme Court affirmed the judgment of conviction against the Defendant by applying Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; hereinafter the same shall apply) and Article 366 of the Criminal Act with regard to “the original trial, by carrying dangerous weapons or other dangerous articles among the charges of this case and destroying property.” However, the Supreme Court affirmed the judgment of conviction against the Defendant on the ground that Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply) and Article 366 of the Criminal Act (amended by Act No. 12896, Sep. 24, 2015).
2. Summary of grounds for appeal;
A. The Defendant has no ability to discern things or make decisions under the influence of alcohol at the time of committing each of the instant crimes.