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(영문) 대전지방법원 2017.10.26 2017노2561
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was suffering from depression, and was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the instant case’s determination on the assertion of mental disorder, even though the Defendant was suffering from depression at the time of the instant crime, and was aware of the fact that he had drinking, considering such circumstances, in light of the background of the instant crime, its means and method, the Defendant’s attitude and behavior before and after the instant crime, and the circumstances after the instant crime, it does not seem that the Defendant did not have reached a state where he lost or weak ability to discern things or make decisions at the time of the instant crime.

This part of the defendant's assertion is without merit.

B. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable and unreasonable.

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

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