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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Mental and physical disorder (limited to the criminal facts stated in the judgment below, 2017, 215, 215, 1-4-A.) Defendant was arrested on March 22, 2017 on charges of interference with the performance of special duties and detained in the detention room of the police station, and thus, the Defendant took a large amount of mental and physical surgery after having been detained in the ward of the police station. As a result, on March 22, 2017, the Defendant was missing in a state of mental and physical disorder. Around the new wall on March 24, 201, the Defendant was unable to properly teach the mind, i.e., when operating a motor vehicle by being released on his own due to mental and physical loss or mental weakness, and was prevented from committing the same crime as the criminal facts stated in the judgment of the court below. Therefore, the Defendant’s punishment should be mitigated or exempted.
B. The sentence sentenced by the court below to the defendant (six years of imprisonment, etc.) is too unreasonable.
2. Judgment on the grounds for appeal
A. Examining the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, there is no evidence to acknowledge that the Defendant was in a state of taking the mental and physical disorder at the time of committing the crime as stated in the lower judgment, such as the facts constituting the crime as stated in the lower judgment.
Furthermore, as alleged by the Defendant, the Defendant was in the state of taking the mentally and physically weak at the time.
Even when assumed, the following circumstances acknowledged by the above evidence are considered as follows: (a) the Defendant, under investigation by an investigative agency, stated the date and time and place of the crime; (b) shocked with other vehicles; and (c) details and circumstances leading up to the escape; and (d) the period of the first accident and the second accident and the reason for the escape to the extent that all the Defendant stated in detail, such as the time and place of the crime; and (c) the background, means and method of the crime in this case; and (d) the Defendant’s act before and after the crime, etc., the Defendant determined his ability or intent to discern things at the time of the crime.