준특수강도미수등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
The seized Oral Bakik, Doc. Doc.
1. Summary of grounds for appeal;
A. The Defendant, who was mentally and physically weak, lost the nature of alcohol and went against the act of larceny. At the time of the instant crime, the Defendant had the ability to discern things under the influence of alcohol or make decisions, even at the time of the instant crime.
B. In light of the fact that the illegal criminal defendant recognized most of his/her criminal acts, the lack of living expenses after the release from a juvenile reformatory, which led to a contingent crime in drinking, and that he/she reflects his/her wrongs and her himself/herself after the release from a juvenile reformatory, and that he/she is taking the shelter after the release from the juvenile reformatory, each punishment of the court below (the first instance court: imprisonment of two years and six months, and the second instance court (the imprisonment of one year) is too unreasonable.
2. Determination:
A. The Defendant appears to have performed drinking during the process of the instant crime. However, considering the developments, means and methods of the instant crime, and the Defendant’s behavior before and after the instant crime, such as memory of the location, object, intent to escape arrest, etc. of the instant crime, the Defendant was in a state that, at the time of the instant crime, the Defendant had the ability to discern things or make decisions due to drinking.
It does not seem that it does not appear.
Therefore, the defendant's mental and physical weak argument is without merit.
B. The judgment of the court below on the defendant's ex officio judgment was rendered separately, and the defendant filed an appeal, and this court decided to hold a joint hearing on each appeal case. Thus, each of the offenses of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below cannot be maintained as it is.
3. As seen earlier, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, on the grounds that there exist grounds for ex officio reversal.