특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. Mental and physical disorder “the Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental or physical weakness or loss.
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B. The punishment sentenced by the lower court (one year and four months of imprisonment) is too unreasonable.
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2. Determination
A. The Defendant appears to have been under the influence of alcohol at the time of each of the instant crimes. However, considering the background and process of the crime, the Defendant’s behavior before and after the crime, etc., it does not seem that the Defendant did not have the ability or decision-making ability to discern things therefrom.
Therefore, the above argument by the defendant is without merit.
B. The judgment of the court below is unreasonable in light of the following circumstances: (a) the defendant's history of punishment for the same crime was unfavorable; (b) the defendant recognized all the facts of the crime of this case at the time of the trial; and (c) the degree of damage to the victim is not serious; (d) the defendant's damage was restored to the victim; and (e) the defendant agreed smoothly with the victim; and (e) the defendant's age, sex behavior, environment, motive and means of the crime; and (e) all of the sentencing conditions stated in the argument of this case, such as the circumstances after the crime.
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, and the judgment below is reversed and it is again decided as follows
【Grounds for a new judgment of the court in its entirety] Criminal facts and summary of evidence recognized by the court in this case are as stated in each corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes to the court below, except that the phrase “Defendant’s legal statement” in the summary of evidence is referred to as “court statement of the court below” in the main text of evidence.
1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5 of the relevant Act.