특정범죄가중처벌등에관한법률위반(운전자폭행등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental suffering suffering from a mental disorder, too much.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. The defendant's assertion of mental disability is recognized as having drinking alcohol at the time of the crime, but it does not seem that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's assertion of mental disability is rejected.
B. In light of the fact that the Defendant was punished as a violent offender and, in particular, he was punished three times by assaulting the driver and assaulting the driver on July 13, 2012, despite being sentenced to a heavier punishment for the same kind of crime, etc. on July 13, 2012, in view of the fact that the nature of the crime is bad, the risk of recidivism is likely to cause violence to the driver again during the grace period, and that the Defendant was unable to receive a written request from the victim until the trial, it is inevitable to punish the Defendant.
However, the crime of this case appears to be an contingent crime committed by the misunderstanding that the victim, who is a taxi engineer, was unable to know his destination properly, and the degree of assault is less severe. However, it is difficult to view that the crime of this case was committed by the misunderstanding that the victim, who is a taxi engineer, was not aware of destination properly. However, it is not good that the victim is suffering from pain as a person with a disability of the 3rd degree, etc., and considering the motive and circumstance of the crime of this case, the defendant's age, character and behavior, environment, etc., the punishment of the court below seems to be somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
b) the evidence;