특정범죄가중처벌등에관한법률위반(보복협박등)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant was suffering from mental illness such as depression at the time of committing the instant crime, and was in the state of drinking, and thus was in the state of mental disorder or mental disorder.
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 evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, it is not determined that the Defendant had no or weak ability to discern things at the time of each of the instant crimes, in light of the circumstances leading up to each of the instant crimes, the Defendant’s behavior and attitude committed before and after the instant crimes, and the Defendant’s statement made in the investigative agency.
Therefore, this part of the defendant's argument is without merit.
B. Retaliatory crimes on the assertion of unfair sentencing are not only infringing the victim's personal legal interests, but also causing significant adverse effects on the investigation agency and court's public duties, such as lawful investigation, maintenance of public prosecution, trial, etc., and the defendant committed each of the crimes of this case, even though he was sentenced to two years of suspended sentence of imprisonment with prison labor for a crime of intimidation on November 15, 2013, and three months after the suspended sentence, and each of the crimes of intimidation of this case was committed during the period of suspended sentence. The crime of intimidation of this case is also accompanied by the crime of retaliation, and the crime of intimidation of this case is committed in light of the contents of the notice of harm and injury, and thus, the crime is not less weak than the nature of the crime, and measures against the victims have not been taken separately.
On the other hand, the fact that the Defendant appears to have committed each of the instant crimes in a somewhat contingent manner while stopping for taking medicine while suffering from normal depression and drinking, etc. is favorable to the Defendant.
The age, age, and age of the defendant.