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(영문) 서울고등법원(춘천) 2020.10.14 2020노129
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from alcohol alcohol, and even at the time of the instant crime, was in a state of mental disability under the influence of alcohol.

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 assertion of misunderstanding legal principles, the fact that the defendant was diagnosed as a alcohol respect, stimulative disorder, etc. on March 11, 2015 through September 7, 2015; from October 5 to August 29, 2016; from April 8, 2016 to August 5, 2016; and from December 13 to May 16, 2016; and from May 2 to August 1, 2018, the fact that the defendant was hospitalized in a national hospital located in the Republic of Korea on May 16, 2016 to August 1, 2018 can be acknowledged that the defendant was under the influence of alcohol; and the fact that the defendant was under the influence of alcohol at the time of the instant crime.

However, on the other hand, in light of the background of the instant crime, the method and method of the crime, and the circumstances before and after the instant crime, etc. revealed at the time of the victim’s statement and crime (Evidence Record 41, 42, 43, 49, 51), it is not deemed that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

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

B. As to the assertion of unfair sentencing, the part that the defendant agreed with the driver assault victim is favorable to the defendant.

On the other hand, however, the crime of assaulting the driver of this case committed by the defendant by assaulting the bus engineer on board the bus with drinking alcohol.

Such a crime is a bad to cause a traffic accident and threaten the life of the defendant and the victim as well as the other person.

The offense of insult of this case also constitutes a crime committed by a police officer in charge of maintaining the legal order by having the police officer sent out upon receiving a report by the defendant, and is a bad.

Furthermore, the defendant has already committed crimes such as violence and obstruction of performance of official duties.

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