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(영문) 서울서부지방법원 2016.10.13 2016노1016
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability at the time of each of the instant crimes.

B. The sentence of unfair sentencing (six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the record of judgment on the claim of mental disability, it is acknowledged that the defendant was diagnosed by the necessity of hospitalized treatment from December 2, 2013 to April 2014 as alcohol dependence, and that the defendant was under the influence of alcohol at the time of each of the crimes of this case. However, in light of the circumstances leading to each of the crimes of this case, and the defendant's words and behavior that the defendant was seen at the time of the crime of this case, it is not recognized that the defendant had weak the ability to discern things or make decisions, and therefore, the defendant's claim of mental disability is without merit.

B. Although there are favorable circumstances, such as the Defendant’s confession of a crime, the mistake is divided, the agreement is reached with the victim E, and the Defendant deposited KRW 500,000 for the victim C, the Defendant committed each of the crimes of this case even though multiple violent crimes have already been committed, and even if there was a number of violent crimes, the Defendant has committed the crimes of this case, and there was a risk of leading to a large traffic accident by exercising force, such as cutting down the title of the taxi engineer on the part of the Defendant, and taking into account all the conditions of arguments and sentencing indicated in the record, such as the Defendant’s age, career, character and behavior, environment, means and method of the crime of this case, and circumstances after the crime, etc., it is deemed appropriate to

The defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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