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(영문) 수원지방법원 2018.06.29 2018노1506
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not less than ten months and by a fine not exceeding 200,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing each of the instant crimes.

B. The sentence of the lower court (one year and three months of imprisonment and fine of three hundred thousand won) is too unreasonable.

2. Determination as to the assertion of mental and physical weakness (1) According to the medical certificate and doctor’s written opinion prepared by a doctor X around March 14, 2018, written around March 15, 2018, the Defendant has a mental illness, such as alcohol dependence, unknown mental illness, shock disorder, etc.

I express their respective opinions to the effect that it is presumed that aggressive behavior and self-harm, etc. are repeated due to the symptoms of mental military register of impulse and aggressive attitude and the symptoms of chronic drinking problems, etc., which are presumed to be aggressive, and thus requires a long-term mental therapy, etc., as such, as aggressive behavior and self-harm acts are repeated. ② In the written notice of the result of the mental evaluation of the Defendant submitted to this court, the medical care and custody warden presented to the court that “the Defendant shows symptoms such as dementia, alcohol use disorder, cerebrs, etc. that are currently unclear, and the degree of mental disorder is presumed to have been similar to the present at the time of each of the instant crimes, and thus, it is presumed that each of the instant crimes was committed under a state of mental or physical weakness whose ability and ability to make decisions have been reduced, and thus, it is deemed that each of the above crimes was committed under a state of physical or mental

In full view of the circumstances revealed by the evidence duly admitted and examined by the lower court and the lower court’s judgment, the Defendant had the ability to discern things or make decisions due to mental disorders, etc. as seen above at the time of each of the above crimes, taking into account the following: (a) the background leading up to each of the instant crimes; (b) the means and methods of and methods for committing the crime; (c) the Defendant’s act before and after the crime; and

It is reasonable to view it.

Therefore, the defendant's mental and physical weakness argument is reasonable (On the other hand, the defendant commits each of the crimes in this case.

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