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(영문) 대구고등법원 2015.09.03 2015노301
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of the crime of this case.

However, in light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the means and method of the crime, and the Defendant’s behavior and attitude at the time of the crime, it does not seem that the Defendant had the ability to discern things or make decisions due to drinking at the time of the crime.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the allegation of unfair sentencing, the instant crime committed by the Defendant by assaulting a taxi driver in operation and causing injury to the taxi driver, and the crime is not deemed to be inferior in light of the content and method of the crime.

The Defendant, on February 6, 2014, was sentenced to a two-year suspended sentence for six months of imprisonment on the grounds of injury, etc., and was in the period of suspended sentence, and was not aware of it, and committed the instant crime at the same time with a three-month period from the time the said judgment became final and conclusive, and thus, the Defendant’s liability is heavy

Although the degree of injury of the victim caused by the instant crime is not limited, there are extenuating circumstances, such as the fact that the victim expressed his/her intent not to have the criminal defendant punished by agreement with the victim, and the defendant wants to have the defendant repeated his/her wife against the defendant in the trial, etc. However, the above circumstances as seen above and the punishment sentenced by the court below to the defendant are the lowest punishment that can be selected within the scope of the applicable sentences (one year and six months to fifteen years), which is set by discretionary mitigation in the statutory penalty for the instant crime, and the suspended execution of the instant crime.

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