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(영문) 부산고등법원 2014.02.12 2013노557
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, even though the Defendant was deemed to have drunk at the time of the instant crime, in light of the motive and background of the instant crime, the means and method of the crime, and the circumstances before and after the instant crime, it does not seem that the Defendant did not seem to have weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's assertion of mental disability is without merit.

B. There are circumstances that can be considered for the Defendant in light of the following: (a) the Defendant’s mistake of the Defendant’s wrong judgment on the assertion of unfair sentencing is realizing and reflecting his depth; (b) the Defendant appears to have committed the instant crime in a somewhat contingent manner under the influence of drinking; (c) the victim was her wife against the Defendant by mutual consent with the victim; and (d) the degree of injury to the victim by the instant crime is not significantly serious.

However, in light of the fact that the crime of this case was committed by the defendant by assaulting the victim who operated a taxi and the act of assaulting the driver of a motor vehicle in operation is very dangerous that may cause damage to many and unspecified persons by causing a traffic accident, and therefore, the crime of this case is not less complicated, and the defendant was punished for multiple violent crimes before, and even though he was punished for a repeated offense due to such crimes, he committed the crime of this case even though he was punished for imprisonment with prison labor due to the crime of this injury, and all other sentencing conditions including age, family relation, criminal record, occupation, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime are considered.

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