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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.11.25 2015노5541
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing each of the instant crimes, was physically and mentally disabled due to the mental shock caused by video accidents while living in the past.

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

2. Determination

A. According to the records on the assertion of mental disorder, it is recognized that the Defendant had been diagnosed by a person with a common disorder, etc. prior to the instant crime, but was treated by the Defendant. In full view of the circumstances leading to each of the instant crimes, the method and method of the crime, the Defendant’s attitude and behavior before and after the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to such mental disease, etc. at the time of the instant crime.

The defendant's mental and physical disability cannot be seen as having reached a state of or weakness.

B. Even when considering the following, the Defendant’s assertion of unfair sentencing as to each of the instant crimes: (a) led to a confession and rebuttal of each of the instant crimes; (b) the Defendant’s driving vehicle was covered by a comprehensive insurance; (c) the victim did not want to be punished by agreement with the victim of traffic accident; (d) in the trial, the Defendant submitted an application to the effect that the Defendant would take the Defendant’s wife against the victim’s father; (c) there was no other penal power except the punishment imposed twice for the previous crime; and (d) the health is not good, each of the instant crimes was committed in a state of drinking by the Defendant, even though he was under the influence of alcohol, causing a traffic accident that causes physical damage by shocking the vehicles during driving; and (d) the Defendant escaped from the police; and (e) the Defendant has also escaped to the same time; and (e) the degree of the injury the victim suffered, and (e) the Defendant has already been sentenced to imprisonment with prison labor for about four months.

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