(영문) 대구고등법원 2016.09.29 2016노193 | 리걸엔진

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(영문) 대구고등법원 2016.09.29 2016노193

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. The treatment, custody and custody of persons who have filed for the medical treatment and custody.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant and the Defendant with no mental or physical weakness (except for the part on the criminal facts, hereinafter “Defendant”) had symptoms, such as recomponivity, depression, and alcohol dependence, and was under the influence of alcohol, and had weak ability to discern things or make decisions.

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

2. We examine the Defendant’s argument of mental and physical weakness.

In full view of the evidence duly adopted and examined by the court below and the following circumstances recognized by the mental appraisal report of the defendant of the head of the medical care and custody center by the commission of the mental appraisal of this court, the defendant is deemed to have a weak ability to discern things or make decisions due to alcohol or acute alcohol addiction at the time of committing the instant crime.

① The Defendant began to drink from high school and continued to drink once after the age of 40, and continued to drink during a week, and continued to drink even after the age of 40. The Defendant appears to have a habit that the Defendant lost the nature of drinking after drinking.

② The Defendant was living together on the day of committing the instant crime, and the situation at the time of committing the crime is not memory.

was stated.

③ The Defendant was hospitalized in a mental hospital at the age of 29 due to alcohol dependence, etc., including being hospitalized in a mental hospital as a matter of drinking, and was hospitalized in a mental hospital on his own to treat alcohol dependence while being investigated into the instant crime.

④ A doctor K who has conducted a mental appraisal against the Defendant, diagnosed the Defendant’s mental symptoms as “the aggressive behavior,” which is temporarily inappropriate for the Defendant to “brupt alcohol addiction (under the state of suffering)” at the time of committing the instant crime.

유사 판례

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