폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder or mental disability with a mental and physical disability while under the influence of alcohol at the time of committing the instant crime. In light of this, the lower court’s judgment that did not have mitigated the sentence or acquitted the Defendant,
B. In light of the fact that the defendant is against unreasonable sentencing and that the defendant agreed with the victim, the sentence imposed by the court below against the defendant (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court below found the defendant guilty on the facts charged in accordance with the evidence, considering that the defendant was deemed to have led to the confession of all the facts charged in the instant case, and notified the decision to judge through a simplified trial procedure, and completed the examination of evidence in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act. After examining the evidence in accordance with Article 318-3 of the same Act
However, according to the records, the defendant stated that he was aware of the facts charged on the second trial date of the court below, but on the same day, the defendant stated on the same day that he was under the influence of alcohol and that he did not memory
(40,42 pages of the public trial record). The defendant's statement can be seen as having been in the state of mental disorder or mental disorder at the time of committing the crime of this case. Thus, it constitutes a statement of facts constituting the grounds for reduction or exemption of punishment under Article 323 (2) of the Criminal Procedure Act.
In such a case, since the defendant cannot be deemed to have led to the facts charged, the facts charged in this case shall not be judged according to the summary trial procedure.
Therefore, the remainder of the evidence presented by the court below, except for the defendant's statement in court, is legitimate according to the general procedure, not the summary trial procedure.