폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (mental and physical disorder, and unreasonable sentencing) was at the time of committing the instant crime, and the Defendant was in a state of mental and physical disability or mental disorder, and the sentence imposed by the lower court (two years of imprisonment) is unreasonable.
2. Determination
A. According to the records of this case as to the assertion of mental disorder, although the defendant was in a drunken state at the time of the crime of this case, in light of various circumstances, such as the background, means, and actions before and after the crime of this case, it cannot be deemed that the defendant was in a state where the defendant lacks the ability to discern things or make decisions at the time of the crime of this case, and thus, the defendant's mental and physical disorder assertion
B. Although there are circumstances unfavorable to the Defendant, such as the Defendant’s indecent act against the victim E, gathering favorable residues, which is a dangerous object to the victim F, E, and having inflicted injury on the victim, and the nature of the crime is grave, and failure to agree with the victims up to the trial of the case, the Defendant led to the Defendant to commit the crime in this case. The Defendant has committed the crime in this case, committed a more than five months of detention, and expressed a profound reflection on his mistake during the period of detention, there is no specific punishment power after entering Korea around July 2007, and there is no specific punishment power. This case’s sentence is expected to be forced as its home country if a suspended sentence becomes final and conclusive, and other various circumstances revealed in arguments, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime in this case, means and consequence, etc., and the circumstances after the crime, the Defendant’s allegation of unfair sentencing is somewhat unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
Criminal facts
The summary of the facts constituting the crime and the summary of the evidence recognized by the court shall be set forth in the second sentence of the judgment of the court below.