특정범죄가중처벌등에관한법률위반(보복협박등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Of the facts charged of this case, intimidation is relevant.
1. Summary of grounds for appeal;
A. As to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) in the judgment of the court below, the defendant did not find the victim for retaliation against the victim's report.
B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.
C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. The Defendant also asserted the same argument in the lower court, and the lower court rejected the Defendant’s assertion on the grounds of detailed reasoning. In light of the evidence duly admitted and examined by the lower court, the lower court’s determination is justifiable.
The defendant's assertion of mistake is without merit.
B. In light of the evidence duly admitted and examined by the lower court regarding the assertion on mental and physical disorder, the lower court acknowledged the fact that the Defendant was in a drinking condition at the time of the instant crime, but comprehensively taking account of all the circumstances, including the following: (a) the Defendant’s behavior and statement at the time of the instant crime, and the Defendant’s memory as a substitute for the details of the crime, etc., the Defendant lost the ability to discern things
It does not seem that the ability has reached a weak state.
The defendant's mental disorder is without merit.
C. We examine ex officio intimidation among the facts charged in the instant case.
The summary of this part of the facts charged is as follows: (a) around 17:00 on May 16, 2018, the Defendant’s voice “a window .........” in front of the residence of the victim B in Gangseo-gun C, Gangwon-gun, and (b) the Defendant collected a vinyl paper containing melting tea and coffee, etc., which the Defendant donated the window to the Defendant’s mother, to the racker, and “B clearing up or sark or sar are unfed by the Defendant.”