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(영문) 춘천지방법원 강릉지원 2014.09.23 2014노255
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the claim of mental retardation, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but did not have the ability to discern things or make decisions, in light of the shape and method of the crime of this case and the defendant's speech and behavior at the time.

not seem to have existed in or weak condition.

The defendant's above assertion is without merit.

B. The fact that the Defendant appears to have committed a crime by drinking alcohol and by contingently cutting down the offense, his mistake is divided, and the victim also agrees with the victim that the victim does not want the punishment of the Defendant, etc. is favorable to the Defendant.

On the other hand, when the defendant assaulted the taxi engineer on the ground of minor negligence, and when considering the risk that the driver's assault may lead to a traffic accident, the responsibility for the crime is not less severe, and the defendant has been injured by taking the victim with more head once to report the damage, the defendant has been punished several times, the defendant's age, character and behavior, motive, means and consequence of the crime of this case, and the various sentencing conditions in this case, such as the circumstances after the crime, are considered as being too unreasonable.

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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