폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. Summary of grounds for appeal;
A. Although the Defendant was suffering from alcohol alcohol prior to the instant crime, it was unlawful for the lower court to recognize the Defendant’s mental and physical disorder despite the lack of ability to discern things or make decisions under the influence of alcohol at the time of each of the instant crimes.
B. In light of the fact that the Defendant’s mistake is divided into one’s own mistake and reflects on the amount of damage, the amount of damage was returned, and the victim acquired profits through the Defendant, etc., the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and investigated by the lower court and the trial court as to the assertion of mental and physical disorder, it is recognized that the Defendant was diagnosed based on alcohol and was hospitalized several times, and that the Defendant was under drinking conditions at the time of each of the instant crimes, but the Defendant stated the details and process of each of the instant crimes, method of crime, the Defendant’s speech before and after committing each of the instant crimes, and the Defendant stated in an investigative agency relatively small memory as to the details, motive, method, etc. of each of the instant crimes. In light of various circumstances, it is not deemed that the Defendant had the ability to discern things or make decisions due to alcohol or alcohol dependence at the time of each of the instant crimes.
Therefore, this part of the defendant's argument is without merit.
B. On August 28, 2013, the Defendant was under the suspension of execution for a crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and committed each of the instant crimes even though he had been punished several times due to violent crimes, the Defendant committed the instant crimes; the number of times of the crimes is many; the form of the instant crimes is diverse; and the fact that the Defendant did not agree with the victim is disadvantageous to the Defendant.
However, carrying a deadly weapon.