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(영문) 대전지방법원 2016.12.08 2016노1615
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit each of the crimes of this case.

B. The Defendant had a mental disorder at the time of committing each of the instant crimes.

C. The lower court’s punishment on the Defendant of unreasonable sentencing (one year and two months of imprisonment and fine of three hundred thousand won) is too unreasonable.

2. Examination of the argument of mistake of facts in the original court, and the defendant made confession of all the facts charged of this case in the original court. Unless there are special circumstances to suspect the credibility of confessions made in the presence of a judge who has guaranteed objectivity and fairness by law, the confessions by the defendant cannot be said to be doubtful of the probative value or credibility of confessions solely on the grounds that the confessions are different from the testimony in the appellate court at the later appellate court. In light of the evidence duly adopted and examined by the original court and the original court and the first instance court, all of the facts charged of this case can be acknowledged, and the defendant's assertion of mistake of facts is without merit.

3. According to the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below and the trial court, that is, according to the result of the request for mental appraisal of the defendant at the court below, the medical treatment and detention center presented the opinion that "the defendant is diagnosed by the current symptoms, such as the fact that the defendant is suspected of being returned, and the symptoms such as the excessive language, etc., and is in the state of mental disorder whose capacity to distinguish things and make decisions has been reduced, and the defendant's intellectual ability is very low, and the symptoms of the current sternal disease similar to the present at the time of the crime in this case are presumed to have been proven to have been in the state of mental disorder whose capacity to distinguish things, decision-making ability has been reduced, and other circumstances before and after the crime in this case, and the means and methods of the crime in this case.

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