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(영문) 서울고등법원 (춘천) 2013.04.17 2012노259
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event that the Defendant was under the influence of alcohol at the time of committing a crime under paragraphs (d) and (4) as stated in the facts constituting the crime in the judgment of the court below, the court below erred in the misapprehension of this legal principle.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the argument of mental disorder or mental retardation, even though the defendant was found to have drinking alcohol at the time of the above crime, in light of the circumstances indicated in the records, such as the background of the crime and the defendant's act before and after the crime, it is not deemed that the defendant under the influence of alcohol at the time of the above crime, lost the ability to distinguish things and make decisions, or caused the weak ability to do so. Thus, this part of the defendant's assertion is rejected.

B. Examining various sentencing conditions on the argument of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s sentence seems reasonable.

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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