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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
Defendant
C.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendants had no or weak ability to discern things or make decisions by drinking alcohol at the time of the instant crime.
B. Each sentence (Defendant A: Imprisonment with prison labor for two years, Defendant C: imprisonment with prison labor for one year and six months) imposed by the court below on the Defendants is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court of first instance ex officio prior to the judgment on the grounds for appeal by Defendant A, Defendant A’s argument is acknowledged as having been sentenced one year to a suspended sentence of six months for a violation of the Game Industry Promotion Act at the Seoul Southern District Court on May 17, 2012. As such, the crime for which judgment became final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act in accordance with Article 39(1) of the Criminal Act. Since the crime of this case is concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the part of the judgment of the court below against Defendant A was no longer maintained. However, according to the evidence duly admitted and examined by the court below, Defendant A’s mental and physical disorder is still subject to the judgment of this court. According to the evidence duly admitted and investigated by the court below, Defendant A was aware of the intent of this case at the time of the crime of this case and the method and condition of the crime of this case.
did not appear to have existed in or weak condition.
Therefore, this part of Defendant A’s assertion is without merit.
B. According to the evidence duly admitted and examined by the lower court as to the first mental disorder claim as to Defendant C’s assertion, Defendant C raises objection.