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(영문) 서울서부지방법원 2018.02.08 2017노1285
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on the part of the Defendant, who did not reduce the Defendant’s mental and physical weakness, since the Defendant was in a state of mental and physical weakness at the time of committing the instant crime.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the legal principles, even though the Defendant was aware that he was taking a medicine for treatment of mental illness, the Defendant made a statement at an investigative agency that “the Defendant was unable to punish him at the time of the accident and thus forced to flee because of the same period of repeated detention.” In full view of the Defendant’s perception status, the background leading to the instant crime, the Defendant’s attitude before and after the instant crime, etc., the Defendant had weak ability to distinguish things or make decisions at the time of the instant crime.

Therefore, this part of the defendant's assertion is rejected.

B. It is recognized that the defendant recognized his mistake and reflects his depth.

However, as the court below properly explained, the defendant had been sentenced to punishment several times for the same kind of crime, and was sentenced to punishment for the same crime, and was sentenced to a fine as a crime of violating the Road Traffic Act during the period of repeated crime, and again committed the crime of this case.

In full view of the fact that the victims did not receive a letter of apology from the victims and there was no significant change of situation in the situation, and other circumstances that led to the defendant's age, sexual conduct, intelligence and environment, the background leading to the crime of this case, the means and method of the crime, and the circumstances after the crime, etc., the court below's punishment cannot be deemed unfair because it is too unreasonable. Thus, this part of the defendant's assertion is rejected.

3. In conclusion, the defendant's appeal of this case is dismissed.

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