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(영문) 대전고등법원 2020.09.25 2020노260
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. A. The Defendant was suffering from alcohol survival, and at the time of the instant crime, the Defendant was in the state of lacking the ability to discern things or make decisions by drinking alcohol.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, means and methods of each of the crimes in this case as indicated in the records of this case, and the circumstances before and after the commission of each of the crimes in this case, the judgment was reduced due to the existence of alcohol at the time of each of the crimes in this case.

It does not seem that there was a lack of the ability to discern things or make decisions by drinking or under the influence of alcohol (in accordance with each investigation report regarding each of the crimes of this case, according to the "on-site arrest situation, etc.," each of the crimes of this case, the defendant was in a state of drinking alcohol at the time of each of the crimes of this case. However, according to the content of each investigation report, each of the crimes of this case, the defendant was in a state of drinking at the scene, and even during the police investigation conducted thereafter (at the time of the police investigation conducted thereafter, even though the crime of this case was committed). In addition to each of the crimes of this case, the defendant was under criminal punishment more than 20 times because most of the crimes of this case are associated with drinking problems, and there is a limit to recognizing mental and physical disability of the defendant). The above assertion by the defendant is rejected.

B. The lower court held that the Defendant committed each of the instant crimes during the period of repeated crimes, the Defendant had a history of criminal punishment by putting a large number of violent crimes in the past, and appears to have been very dangerous in the case of the instant special injury crime, and the victims have not recovered from damage, etc., under the circumstances unfavorable to the Defendant, etc., that the degree of injury suffered by the victims is relatively little.

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