(영문) 서울중앙지방법원 2014.12.04 2014노3767

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(영문) 서울중앙지방법원 2014.12.04 2014노3767

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the taxi driver D in operation.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental retardation.

C. The sentencing of the lower court (five months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant served as a taxi driver D’s face on May 16, 2014 can be sufficiently recognized.

Therefore, the defendant's assertion of mistake is without merit.

B. According to the records on the assertion of mental disorder, although the defendant was found to have a drinking condition at the time of the crime of this case, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in light of the circumstances revealed in the records, such as the background leading to the crime, details of the crime, and the defendant's behavior before and after the crime

not deemed to have been or was in a weak state.

The defendant's mental disorder is without merit.

C. The Defendant did not have any history of having been punished by imprisonment without prison labor or heavier punishment, and the victimized police officers seek the presence of the victimized police officers for the crime of obstruction of performance of official duties.

However, considering the fact that the defendant has been punished by a fine due to violence, etc., and that there is a very dangerous situation in the event of assaulting the driver of a vehicle in operation, and that there is no recovery from damage to the victim D until the purpose of legislation and the trial of the case is aggravated, it cannot be deemed that the case is somewhat weak.

In addition, the defendant committed a crime of obstruction of performance of official duties to police officers dispatched after receiving 112 reports.

The age, character and conduct, environment, and environment of the defendant.

유사 판례

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