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(영문) 대구지방법원 2013.11.14 2013노2810
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year of imprisonment) is too unhued and unfair.

B. Defendant 1) Although the Defendant was in a state of mental disorder or mental disorder due to the depression, obstruction of duties, damage to property, and non-compliance with the removal of the Defendant at the time of the crime of this case, the lower court’s failure to reduce the punishment or not guilty, which erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s mental disorder claim, the fact that the Defendant was suffering from unstable disorder from around April 2008 is recognized. However, in light of the background leading up to the Defendant’s crime, the circumstances before and after the commission of the crime, and the details of the crime, the Defendant did not have the ability to discern things or make decisions due to the above mental disorder at the time of the crime.

in such a manner as to be deemed to have been or weak.

The defendant's mental disorder is without merit.

B. The public prosecutor and the defendant's defendant's decision on the assertion of unfair sentencing is able not to repeat the crime in depth.

After the divorce with the victim G, the defendant supports two children who are elementary school students alone, and is responsible for the livelihood of 70 old parents.

The degree of injury of the victim of the instant traffic accident is relatively minor, and the defendant agreed with the victim D.

However, the defendant had a history of criminal punishment several times due to drinking driving, and even during the period of repeated crime, he/she also escaped while driving a motor vehicle while causing a traffic accident, and the blood alcohol concentration of the defendant was considerably high by 0.145%.

The offense of insult of this case is a number of offenses against the police officers dispatched by the defendant upon receiving a traffic accident report.

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