(영문) 수원지방법원 2014.12.22 2014노1989 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2014.12.22 2014노1989

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder did not have a mental state at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and method of the crime, the Defendant’s attitude and behavior before and after the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, it is not deemed that the Defendant at the time of the instant crime did not have reached a state where the ability to discern things or make decisions was lost or weak due to mental illness, and thus, the above assertion by the

B. The instant crime on the assertion of unfair sentencing is committed by the Defendant without a driver’s license.

In addition, the defendant has been sentenced to one year to imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Dok-in Vehicle) and has been driving the same vehicle as the one after release even though he/she had been sentenced to one year due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle).

In full view of the fact that the Defendant committed the instant crime, the damage caused by the instant crime has not been recovered, and the Defendant’s age, character and conduct, the environment, the circumstances and result of the instant crime, etc., as well as the overall sentencing conditions indicated in the records and arguments, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

3. If so, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, since the "paragraph (2)" stated in the column for aggravation of concurrent crimes among the application of the law of the court below is obvious, it shall be deleted in accordance with Article 25 of the Regulation on Criminal Procedure.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송규칙 제25조

-형사소송법 제364조 제4항

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