폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability due to mental disorder such as depression at the time of each of the instant crimes.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution, and forty hours of an order to attend violent therapy) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below, the defendant was treated with depression, scarcity personality disorder, and scarcity personality disorder from May 2004, and the doctor in charge of the defendant's statement that "the defendant had the ability to distinguish things at the time of the instant case, but the ability to make a decision and to control his behavior is deemed weak." Accordingly, the defendant can be acknowledged that the defendant had the ability to distinguish things or make a decision due to mental illness such as depression at the time of the instant crime. Thus, the above argument by the defendant is without merit.
3. If so, the defendant's argument of mental disability is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered through
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “the defendant had weak ability to discern things or make decisions with mental illness such as depression,” to the first part of the facts charged of the judgment below, the summary of the facts charged and the evidence is identical to the corresponding column of the judgment of the court below; and (b) thus, they are cited as it is in accordance
Application of Statutes
1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime;