특수절도미수등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. Summary of grounds for appeal;
A. The Defendant (the lower court’s judgment No. 1) was physically and mentally weak at the time of committing the crime. At the time of committing the crime, the Defendant was physically and mentally weak.
2) The sentence of imprisonment with prison labor (10 months) for the first instance judgment of sentencing is too unreasonable.
B. The sentence of the prosecutor’s judgment (No. 1: imprisonment with prison labor for 10 months and 2: fine for 10 million won) is too uneased and unreasonable.
2. Determination:
A. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the defendant examined ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor, and the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and this court decided to hold concurrent hearings of each appeal case against the judgment of the court of first instance. Since each offense of the judgment of the court of first instance is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, it is necessary to sentence one punishment in accordance with Article 38(1) of the Criminal
However, the defendant's argument of mental and physical weakness is still subject to the judgment of this court despite the above reasons for reversal of authority.
B. According to the record of determination on the assertion of mental and physical weakness, even though the defendant was in a state of drinking alcohol at the time of committing the crime, considering the background leading up to the crime, method of the crime, the time of committing the crime, and the circumstances thereafter, it does not seem that the defendant did not have reached a state of low capacity to discern things or make decisions at the time of committing the crime in this case.
Therefore, the defendant's mental and physical weak argument is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the above ex officio reversal grounds, and the judgment below is reversed in entirety, and it is again decided following the pleadings.
Criminal facts
b) the summary of the evidence and evidence.