폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
A candidate for medical treatment and custody shall be punished by medical treatment and custody.
1. Summary of grounds for appeal;
A. The Defendant and the Defendant for medical treatment and custody (hereinafter “Defendant”) at the time of each of the instant crimes were in a state of mental disability due to the symptoms and obsessation of alcohol dependence on alcohol at the time of the instant crimes.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. According to the written mental appraisal of the defendant of the Medical Treatment and Custody Judgment Director, the defendant is judged to have a stimula military with alcohol dependence. In full view of the motive, circumstance, means and mode of each of the crimes of this case, the defendant's behavior before and after the crime of this case, etc. recognized by the evidence duly adopted and investigated by the court below, each of the crimes of this case is presumed to have been in the state of inappropriate aggressive behavior, emotional instability, and disorder in judgment due to alcohol, etc., and it is reasonable to view that each of the crimes of this case was committed in the state of mental disorder with mental disorder with the ability to discern things or make decisions due to alcohol dependence.
Therefore, the defendant's above assertion is justified.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of reversal as seen above, and it is again decided as follows.
On the other hand, since the prosecutor filed a request for medical treatment and custody against the defendant at the trial court, the prosecutor makes a decision on the medical treatment and custody claim together
Criminal facts
The facts constituting the crime acknowledged by this court are as follows: Article 369 of the Criminal Procedure Act is applied to the first head of the crime of the judgment below, except for addition of "the defendant committed each of the following crimes under the status that "the defendant is unable to discern things or make decisions due to alcohol dependence."