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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. The defendant has committed each of the crimes in this case in a state of mental disability caused by a stimulative disorder.
B. The lower court’s sentence of unreasonable sentencing (the first instance judgment: imprisonment with prison labor for three years, and imprisonment for eight months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the first and second courts rendered ex officio the judgment on the grounds for appeal by the defendant, three years of imprisonment for the former, and eight months of imprisonment for the latter, respectively, and the defendant filed an appeal against each of the above two appeals cases, and the court of the trial rendered a decision to concurrently examine the above two appeals cases. Each of the offenses against the defendant shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below against the defendant shall be reversed.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence admitted by the court are as follows: (a) except for the addition of “the defendant was in a state which lacks the ability to discern things or make decisions due to stimulative disorder,” among the facts constituting an offense committed by the court below, and the summary of the evidence is as stated in each corresponding column of the court below; and (b) thus, it is acceptable in accordance with Article 369 of the
Application of Statutes
1. Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act as to facts constituting an offense, Article 257(1) of the Criminal Act, and violence, etc.