logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.05.29 2018노374
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical disorder due to excessive behavioral disorder due to labor-management disorder and lack of caution.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. The phenomenon where a person commits a crime because he/she did not suppress his/her impulse of judgment on his/her mental disorder is likely to find out for the normal person. Thus, barring special circumstances, it cannot be deemed that the defendant's mental disorder prior to each of the crimes in this case is not a cause for reduction or exemption of punishment, in principle, a mental disorder such as shock disorder does not constitute a cause for reduction or exemption of punishment. However, even if the degree can be deemed to be equal to that of the person with mental disorder in its original meaning due to very serious degree, it can only be deemed as a crime due to mental disorder (see Supreme Court Decision 2006Do5360, Oct. 13, 2006, etc.). According to records, even though the defendant was found to have received mental treatment and medication prior to each of the crimes in this case, it cannot be deemed that the defendant did not have any mental disorder prior to each of the crimes in this case, the circumstances leading to each of the crimes in this case, the defendant's motive at the time of the crime, the method and ability of the defendant, and circumstances after the crime in this case.

Therefore, the defendant's mental disorder is not accepted.

B. The fact that the defendant recognized all of his criminal acts, agreed with the victim about the special injury crime, the vehicle involved in the accident is covered by a comprehensive insurance, and the degree of injury of the victims of the traffic accident is not significant.

arrow