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(영문) 서울서부지방법원 2014.01.07 2013노1143

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy;

2. The fact that the Defendant is making a confession of the instant crime, and that the Defendant committed the instant crime in a state of mental disorder due to polar disorder is an element for sentencing favorable to the Defendant.

However, in full view of the various sentencing conditions shown in the argument of this case, the sentence imposed by the court below on the defendant is within the proper sentencing range, including not only the defendant has been punished several times for the same crime but also the crime of violation of the Road Traffic Act (unlicensed Driving) in the first head of the crime of the judgment of the court below, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, “Defendants shall be corrected to around 06:10 on June 8, 2013 (the second second half of the judgment of the court below)” from among the facts constituting the crime of the judgment of the court below pursuant to Article 25(1) of the Rules on Criminal Procedure, “Defendants shall be corrected to around 06:10 on June 8, 2013 in the state of mental disorder caused by stimulative disorder,” and “Defendants shall be corrected to around 04:11 on June 11, 2013 (the second half of the judgment of the court of the court below)”, respectively, “Defendants shall be corrected to around 04:11 on June 11, 2013