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(영문) 대전지방법원 2017.06.08 2017노114
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

The summary of the grounds for appeal was the mental and physical loss at the time of committing the crime as set forth in 2016 High Order 2593, which was held by the court below due to mental disorder caused by the current mental disorder and alcohol, and the remaining crime was in the state of mental and physical loss or mental weakness at the time of committing each crime as set forth in

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

In light of the following circumstances acknowledged by the evidence duly adopted and examined the crime and the defendant's statement at the court below, the defendant was diagnosed at H Hospital around July 6, 2016, and he was diagnosed at H Hospital around September 20, 2016, which had a extreme and present mental disorder and symptoms, but the treatment and custody center at the Ministry of Justice conducted the mental appraisal of the defendant on November 16, 2016, it is not deemed that the defendant had a unique mental disorder as of November 16, 2016, and it appears that the defendant had a mental disorder as of April 25, 2016, and that the defendant had a mental disorder as of June 16, 201, and had a mental disorder ability to make a decision at the time of the crime of this case on June 4, 2016, and that the defendant had a mental disorder as of June 20, 2016.

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