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(영문) 대전지방법원 2017.09.14 2017노2109
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing a crime interfering with the performance of official duties in the judgment, the Defendant was in a state of mental and physical loss or mental weakness.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, even though it is deemed that the Defendant had a drinking condition at the time of committing the crime interfering with the performance of official duties in the judgment, considering such circumstances, it is not deemed that the Defendant had lost or weak ability to discern things or make decisions at the time of committing the crime in this case, in light of the background, means and methods of the crime in this case, the Defendant’s attitude and behavior before and after the crime, and the circumstances after the crime.

This part of the defendant's assertion is without merit.

B. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable and unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That in accordance with Article 25 (1) of the Regulation on Criminal Procedure, it is corrected that the defendant's appeal is dismissed under Article 364 (1) of the Criminal Procedure Act as "(the point of causing death or injury caused by dangerous driving)" of the 3rd 18th Myeon of the judgment of the court below.

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