교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder by taking custody at the time of committing the crime in violation of the Punishment of Violences, etc. Act.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
The court below acknowledged the defendant guilty of the facts charged in this case by taking into account the facts charged in this case, and notified that the defendant should be tried through a simplified trial procedure, and the investigation of evidence is completed in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act, and considering the evidence presented in the court below pursuant to Article 318-3 of the same Act as admissible,
According to the records, while recognizing the facts charged as to the case No. 2014 high group 1244 at the third trial date of the original trial, the defendant and his defense counsel at the original trial may recognize the facts stated in the summary of the pleadings at the fifth trial date of the original trial or at October 30, 2014, which were submitted to the original trial, to the effect that "the defendant committed the above crime under the influence of the defendant." Thus, since the defendant cannot be deemed as a case where he made a confession of the whole facts charged in the court, it cannot be viewed as a case where he made a confession of the above facts charged in the court, it does not constitute a case where he can be tried by a simple trial procedure, and the original judgment that decided to be tried by a simple trial procedure pursuant to Article
However, even if there are the above reasons for ex officio destruction, the defendant's mental and physical disability still is subject to the judgment of this court, and this will be examined below.
B. The background leading up to the criminal defendant's crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) and the defendant's allegation of mental disorder.