The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for three years.

The seized knife (No. 1) shall be 1 knife.

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. In light of the legal principles on self-denunciation, the Defendant sought a restaurant proprietor who was aware of his knowledge to help the Defendant voluntarily surrenders to the instant crime. Since the restaurant proprietor contacts with the police station on behalf of the Defendant, self-denunciation mitigation under Article 52(1) of the Criminal Act should be conducted, the first instance court did not reduce self-denunciation.

C. The first sentence of unfair sentencing (five years of imprisonment) is too unreasonable.

2. Determination:

A. According to the records on the determination of mental and physical disability, it is not recognized that the defendant was in a state of drinking at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method of the crime, the behavior and circumstances of the defendant before and after the crime of this case, it is not recognized that the defendant was in a state that he did not have or lacks the ability to discern things or make decisions due to

Therefore, the defendant's argument of mental disability is without merit.

B. The judgment of the misunderstanding of the legal principles as to self-denunciation refers to the expression of intent to seek the disposition by the criminal voluntarily reporting the criminal acts to the government agencies responsible for the investigation.

Therefore, according to the records, the defendant's so-called "public office with investigation responsibility" cannot be viewed as a "public office with investigation responsibility" unless the above restaurant operator is viewed as a "public office with investigation responsibility" under the Criminal Act. Thus, according to the records, the defendant's so-called "public office" can not be viewed as a "public office with investigation responsibility."

I would like to say.

Even if the Defendant voluntarily surrendered,

Even if a self-denunciation is a mere fact that the court can voluntarily reduce the punishment against the self-denunciation, and the court did not reduce the punishment.

Therefore, it cannot be deemed unlawful.

Supreme Court Decision 200