폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. In light of the following: (a) the Defendant was physically and mentally weak after the military expulsion, and was unable to make a normal marriage and work together with his parents; (b) there was a enemy who received a mental therapy in 2002; and (c) there was an abnormal appearance of his parents, such as fluoring and neglecting his parents, and leaving the church, etc. after the occurrence of the instant case, the Defendant was physically and mentally weak at the time of committing the instant crime.
B. The sentence of the lower court (two years of imprisonment) is too unreasonable in light of the fact that the victims of the sentencing did not want the punishment of the Defendant and the result of the damage was not much serious.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment to the "special continued injury" under Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Articles 257 (2), 37, and 38 of the Criminal Act" under the applicable law, "Article 258-2 (1), 257 (2), (1), (37, and 38 of the Criminal Act" as "Article 258-2 (1), (2), and (1), 37, and 38 of the Criminal Act," and since the court applied for changes in the indictment to the "Article 3 (1), 257 (1), (3), 37, and 38 of the Criminal Act," the judgment of the court below was no longer maintained by granting permission.
However, there is an amendment to the indictment above.
Even if the defendant's argument about mental and physical weakness is still subject to the judgment of this court, this issue will be examined below.
B. Determination as to the assertion of mental and physical weaknesss: ① the defendant appears to have been given a prescription on January 2002 with respect to depressions, etc. ② the defendant's act of committing the crime of this case with the victim C as a person who has been under his or her command after committing the crime of this case; ③ the defendant immediately left the church (the page on the record of evidence) and ③ the police in relation to the motive, etc. of the crime of this case.