폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence Nos. 1 and 2 (Capwon District Prosecutors' Office), 2015.
1. Summary of grounds for appeal;
A. At the time of committing the crime, the Defendant was in a state of having no or weak ability to discern things or make decisions due to mental illness.
B. The punishment of the lower court’s unfair sentencing (a three-year imprisonment, confiscation) is too unreasonable.
2. Determination
A. In light of the following: (a) the determination of the assertion of mental disorder; (b) the background leading to the commission of the crime; (c) the means and methods of the crime; and (d) the circumstances after the crime, the Defendant had no or weak ability to discern things or make decisions.
Therefore, the defendant's mental disorder is without merit.
B. We examine the determination on the unfair argument of sentencing. The crime of this case is one time with a length of about 43 cm and the form of the act is dangerous, the defendant has eight times criminal records of violence, the fact that the defendant did not agree with the victims of the crime of assault and special injury is a reason for disadvantageous sentencing, the defendant is committed against the victim E of the special intimidation, the fact that the defendant has agreed with the victim of the special intimidation, and that the degree of injury of the victim of the special injury is not much serious.
In full view of the above factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other factors pertaining to the sentencing as indicated in the records and arguments of this case, the sentence of the lower judgment is deemed unfair, and thus, the Defendant’s argument that the sentencing of the Defendant is unfair is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;