(영문) 부산고등법원 2018.10.02 2017노761 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2018.10.02 2017노761

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental and physical weakness was under the influence of alcohol, and was under the influence of alcohol and committed the instant crime under the mental and physical weakness. (2) The sentence of the lower court which was unfair in sentencing (6 months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor 1 was found to have proved the driver's injury by mistake (the part not guilty on the ground) but found that there was no proof of the driver's injury, and found the driver not guilty of the driver's injury on the ground that the judgment below erred by mistake.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. Regarding the Defendant’s assertion of mental and physical weakness, even though it is deemed that the Defendant was in the principal place at the time of committing the instant crime, considering the motive and details of the instant crime, the method of committing the instant crime, and the circumstances before and after the instant crime, the Defendant was in a state that the Defendant had the ability to discern things or make decisions.

It is difficult to see, and there are no other materials to recognize it.

Defendant’s assertion is without merit.

B. On June 6, 2017, the gist of this part of the facts charged is as follows: (a) the Defendant: (b) 21:55 on June 6, 2017; (c) 21:5, the Defendant: (a) ran a taxi under the influence of alcohol in front of the “E pharmacy” located in Ulsan-gu, Ulsan-gu; (d) Ga 5 business G K5 business-use taxi operating in the victim F (70) while driving the taxi; (b) the Defendant stopped the taxi after passing through the Defendant while driving the taxi; and (c) the said taxi stops after receiving a stop signal from the front stop; (d) the Defendant gets off the window of the driver’s seat by drinking it; and (e) the Defendant sawed the victim’s face on three occasions by drinking it.

The defendant continued to catch the door of the above taxi driver's seat in one hand, and tried to catch the victim's bridge, and let the victim out of the taxi.

유사 판례

-광주고등법원 2017.12.21 2017노373

-광주고등법원 2017.08.24 2017노215

-울산지방법원 2017.11.30 2017고합175

-서울동부지방법원 2017.11.10 2017고정1164

-서울남부지방법원 2018.07.26 2017노1184