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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Each of the instant crimes was committed under the state of mental or physical loss or mental weakness (e.g., mental or physical loss or mental weakness). (B) The sentence imposed by the lower court on the Defendant (a year of imprisonment with prison labor) is too unreasonable (e.g., sentencing). The above sentence, which the lower court directed against the Defendant, is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds of ex officio appeal, prior to the judgment on the grounds of appeal, the prosecutor applied for a modification of the indictment with the content that “for about three weeks of medical treatment” was changed to “for about four weeks of medical treatment” as the number of days of injury and obstruction in the performance of official duties in the part of the facts charged No. 1-b. B, and this Court permitted this.
The judgment of the court below became unable to maintain any further, since the subject of the judgment was changed as above in the past.
However, there are such reasons for ex officio reversal.
Even if the defendant's above mental or physical loss or mental weakness is still subject to the judgment of this court, this paper examines this issue.
B. In full view of the circumstances indicated in the record of the instant case, such as the process and motive leading up to each of the instant crimes, the result of the crime, the Defendant’s act before and after the crime, etc., the Defendant was either at the time of each of the instant crimes with the lack or lack of “capacity to discern things or make decisions.”
It does not appear.
The defendant's mental and physical loss or mental weakness cannot be accepted.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.
[Grounds for the judgment to be used again] Summary of facts constituting a crime and evidence