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(영문) 대구지방법원 2015.06.18 2015노393
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental disability due to mental illness.

B. Each sentence sentenced by the court below (the court below's judgment of 1: imprisonment with prison labor for 1 year and 6 months, and 2 years: imprisonment with prison labor for 1 year and 1 year) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The defendant filed an appeal against the judgment of the court below in the first and second instances, and this court decided to hold a joint hearing of the above two appeals cases. Each of the crimes in the judgment of the court below in the first and second cases is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence by judgment at the same time.

In this respect, the judgment of the court below is no longer maintained.

B. In full view of various circumstances, such as the Defendant’s medical history recognized by the record of the instant case, the background, means and methods of the instant crime, and the circumstances before and after the instant crime, the Defendant appears to have been in a state of lacking the ability to discern things or make decisions due to disorder in the mixed apprehension at the time of each of the instant crimes. Accordingly, this part of the Defendant’s assertion is with merit.

3. If so, the defendant's appeal is reasonable, and there are grounds for reversal of authority above. Thus, without examining the defendant's argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (2) and (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled as follows.

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence admitted by the court, which are the facts constituting a crime in the judgment of the court of first instance, shall be 3rd to the column of the facts constituting a crime in the judgment of the court of first instance (hereinafter “Defendant 1”) and the judgment of the court of second instance to the effect that “The Defendant is unable to discern things or make decisions in the state that he/she lacks the ability to discern things or make decisions due to disorder in mixed apprehensions, etc.” and the judgment of the court of second instance to the effect that

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