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(영문) 부산고등법원 (창원) 2019.07.17 2019노138
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although it is difficult to see that the injured party B suffered from the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against drivers, etc.) by mistake of facts and misapprehension of legal principles, the injured party does not constitute "injury" under Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes because it is difficult to see that the injured party's physical integrity or physiological function was impaired,

B. At the time of committing the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) with mental disorder, the Defendant was in a state of mental disorder.

C. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles also asserted the same purport as the grounds for appeal in this part, and the court below rejected the above assertion by giving a detailed statement on the defendant's argument in the third and fourth sides of the judgment. If the judgment of the court below is compared with the evidence legitimately adopted and examined, the above judgment is just and acceptable, and there is no error of misconception of facts or misapprehension of legal principles as alleged by the defendant

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant is deemed to have been under the influence of alcohol at the time of committing the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, but in full view of the background, means and methods of the crime and the circumstances after the crime, etc., it does not appear that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime

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