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(영문) 대전고등법원 2016.06.10 2016노8
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized golf bond (No. 1) shall be confiscated.

Reasons

Summary of Reasons for appeal

A. The lower court erred by misapprehending the ability to discern things or make decisions due to the main working and mental illness at the time of the instant crime, which affected the conclusion of the judgment, although the Defendant alleged mental or physical disability (main working and mental disorder due to mental or physical disorder) had weak capacity to discern things or make decisions.

B. The sentence of the lower court (two years of imprisonment with prison labor) is too unreasonable.

The prosecutor of the ex officio judgment shall be deemed to have violated the Punishment of Violence, etc. Act (a group, deadly weapon, etc.) among the names of the crimes against the defendant during the trial of the defendant. Article 3(1), Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act provides that "Articles 258-2(1) and 257(1) of the Criminal Act are "Articles 258-2(1) and 257(1) of the Criminal Act", and Article 257(1) of the facts charged shall be deemed to be "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "a violation of the Act on the Punishment of Violences, etc. (a group, a deadly weapon, etc.) and damage to special property" as "a violation of the Act on the Punishment of Violences, etc. (abbruishing this part was modified by this court, and thus, the judgment below shall no longer be pronounced.

However, the defendant's argument about mental and physical disorder is still subject to the judgment of this court, despite the above reasons for reversal of authority.

Judgment on the grounds for appeal (with respect to the assertion of mental disorder)

A. According to the report of the result of the mental evaluation of the medical care center based on the mental evaluation performed at the trial, the Defendant, at the time of the appraisal, has shown the mental and behavioral disorder (a dependent on, alcohol, mental disorder by alcohol), the mental retardation, and the symptoms of non-quality mental disorder. At the time of the instant crime, the Defendant committed a crime in a serious mental state rather than at the time of the appraisal.

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