The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for twenty-four hours.

1. Summary of grounds for appeal;

A. The Defendant, who was mentally and physically weak, was under the influence of alcohol at the time of committing the instant crime of bodily injury with a deadly weapon.

B. The punishment of the lower court is heavy.

2. Determination

A. After the filing of an appeal, the prosecutor of the judgment ex officio requested modification of the indictment to change the name of the crime concerning the bodily injury with a deadly weapon in the instant facts charged from “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” to “special injury” and “Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” in “Article 258-2(1) and Article 257(1) of the Criminal Act,” and this court permitted the modification of the indictment.

The subject of adjudication was changed, and the remaining facts charged are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed.

The judgment of the court below shall not be maintained.

Even so, the defendant's mental and physical weak argument remains the object of the trial.

B. Mental and physical weak Defendant is recognized as having drinking alcohol at the time of committing the instant crime of bodily injury with a deadly weapon.

However, in light of the amount of reputation, the background leading up to the commission of the crime, the means and method of the crime, and the circumstances before and after the commission of the crime, the defendant had the weak ability to discern things or make decisions.

It does not appear.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Judgment in its entirety] Except as to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) committed on the 4th page of the judgment of the court below, the summary of the crime and evidence is as stated in the corresponding column of the judgment below, with the exception of changing the "1. Special Bodily Injury."

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 258-2 (1), 257 (1) and 1 (2) of the Criminal Act concerning the choice of punishment (the occupation of inflicting bodily injury) and Article 298 of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Aggravation of Concurrent Crimes Act.