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(영문) 수원지방법원 2013.11.13 2013노2139
도로교통법위반(무면허운전)
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 committing the crime in the lower judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the trial court as to the claim of mental disability, the defendant is found to have taken advantage of uneasiness, depression, self-harm impulse, etc., but in light of all the circumstances, such as the circumstance leading to the crime committed by each of the above evidence, the method of the crime, the defendant's specific behavior attitude before and after the crime, and the records of punishment as unlicensed driving even before and after the crime in this case, it cannot be deemed that the defendant suffered from the mental illness such as depression, etc. at the time of the crime in this case, or lacks the ability to discern things or make decisions. Thus, the defendant's assertion of mental disability is without merit.

B. As to the assertion of unfair sentencing, the circumstances, etc. that the defendant committed the crime of this case and reflects his mistake, the circumstances that the court below could have been tried together with the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in the judgment of the court below are favorable to the defendant, but the court below seems to have sufficiently taken into account such circumstances in sentencing. There is no change in the circumstance that the court below has already been punished once again in the trial, and there is no other history that the defendant has already been punished once for the same crime, and in consideration of the defendant's age, criminal records, character and behavior, family environment, motive, means, method and consequence of the crime of this case, and all the sentencing conditions shown in the records and arguments of this case, such as

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 ordered as per Disposition.

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