beta
Text
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The court below dismissed the prosecution as to each remaining assault among the facts charged against the defendant and sentenced him to the remainder of the facts charged.
As to this, the part of the judgment of the court below regarding the defendant's conviction was separated and confirmed as it was, since only the defendant appealed as to the above conviction and the defendant and the prosecutor did not appeal as to the dismissed part of the indictment, the scope of the judgment of this court is limited to the remaining conviction except
2. Summary of reasons for appeal;
A. At the time of committing the instant crime, the Defendant was physically, mentally, or physically and mentally deprived of his mental or physical health, as he was aware of or was in a state of mental disorder.
B. The sentence sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.
3. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, it may be recognized that the Defendant was in a state of drinking and drinking at the time of each of the instant crimes. However, in light of various circumstances, such as the circumstance and process leading up to each of the instant crimes, and the Defendant’s statement as to each of the instant crimes in detail at the time of the police investigation, it does not appear to have reached a state where the Defendant lacks the ability to discern things or make decisions due to drinking or mental or physical disorder at the time of each of the instant crimes.
In light of the above, even if there was a lack of capacity to distinguish things or make decisions at the time of each of the above crimes, Article 10(3) of the Criminal Act provides that Article 10(3) of the Criminal Act does not apply to acts of a person who predicted the occurrence of danger and caused a mental disorder due to himself/herself, and this provision is not only a free act in the cause of intentional act, but also a negligent cause.