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(영문) 울산지방법원 2018.08.31 2018노385
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical weakness due to mental illness, such as alcohol dependence, depression, etc.

B. The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below and the trial court. In other words, the defendant has been diagnosed due to alcohol dependence on around 2015 as the symptoms have deteriorated, and continuously received treatment until the time of committing the crime after undergoing the diagnosis due to the disorder of stimulative body, depression, and stimulative body, etc. The defendant was unable to completely memory the situation at the time of committing the crime and the situation of the case by driving the drug immediately before and after the crime. In full view of the mental sentiment of the defendant who had been conducted by the court below, the mental disorder at the time of committing the crime of this case, such as drinking alcohol and alcohol consumption conditions, the symptoms of his behavior at the time of the crime of this case, the mental disorder at the time of committing the crime of this case, and the mental disorder at the time of the crime of this case was presumed to have been proved to have been proved to have been significantly deteriorated or to have been stimult, and the mental disorder and influence of the defendant at the time of the crime of this case.

The decision is judged.

Therefore, this part of the defendant's argument is justified.

3. Accordingly, the defendant's argument of mental and physical weakness is reasonable, and thus, the defendant's argument of sentencing is unfair.

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