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(영문) 광주고등법원 2013.04.25 2012노480
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The lower court’s sentence of unfair sentencing (the three-year probation, the probation, the community service order of 120 hours and the order of 40-hour alcohol treatment lectures) is too unreasonable.

2. Determination

A. As to the claim of mental disability, the lower court did not accept the Defendant’s assertion that the Defendant had drank a considerable amount of alcohol at the time of the instant crime, but did not seem to have reached a weak level of ability to discern things or make decisions. (ii) In light of the circumstances of the instant crime, the process of the crime, and the Defendant’s speech and behavior immediately after the instant crime, which were duly adopted and investigated by the lower court’s judgment, and thus, the lower court’s determination is justifiable. Accordingly, this part of the Defendant’s assertion is without merit.

B. Although the Defendant committed the instant crime under the influence of alcohol, the Defendant agreed with the victim and did not bear any injury inflicted on the victim, and the Defendant led to the confession of the instant crime and reflects the mistake is favorable to the Defendant.

However, the crime of this case was committed by the Defendant to inflict an injury on the bus driver in operation, and such crime was committed in large traffic accidents and is highly likely to cause many casualties and property damage. The Defendant had been punished several times by violence, etc. in the past, and the sentence of the lower court is the lowest of the punishment of this case (one year and six months to fifteen years), and the Defendant’s age, character and conduct, environment, means and consequence of the crime, and all the circumstances shown in the arguments of this case, such as the circumstances after the crime, are deemed unfair.

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