폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Nos. 1 and 2, seized, shall be confiscated.
1. Summary of grounds for appeal;
A. The defendant asserts that he was in a state of mental disability by administering narcotics at the time of committing the crime under paragraphs 1 through 3 of the judgment below.
B. The Defendant asserts that the sentence imposed by the lower court (at least three years and six months of imprisonment, confiscation, and collection KRW 100,000) is too unreasonable.
2. Determination
A. The ex officio judgment prosecutor changed "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" to "special intimidation" among the names of the crimes against the defendant in the trial of the court. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act "Article 284 and Article 283(1) of the Criminal Act" to "Article 283(1) of the Criminal Act" were applied for changes in the contents of the crime against the defendant, and the judgment of the court below can no longer be maintained due to changes in
However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability still is subject to a judgment of the court, and this is examined in the following paragraphs.
B. In light of the background and method leading up to the crime under paragraphs (1) through (3) of the judgment of the court below, the defendant's oral words and behaviors before and after the crime, etc., it is not deemed that the defendant had the ability to discern things or make decisions due to medication at the time of the crime. Thus, the defendant's assertion of mental disorder is not accepted.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is reversed and it is
[Discied Judgment] Summary of facts constituting an offense and evidence recognized by the court and summary of the evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Law shall apply.