폭력행위등처벌에관한법률위반(상습공갈)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of committing the instant crime, or was in a state of mental disorder due to depression, depression, etc.
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. Determination
A. According to the records of this case as to the claim of mental and physical disability, the defendant was in a state of drinking alcohol at the time of the partial crime of this case, and the defendant was receiving hospital treatment on the ground of "hye, hye, hye, and scarcity in scarcity", but it does not seem that the defendant's claim of mental and physical disability is in a state of weak ability to discern things or make decisions. Thus, the defendant's claim of mental and physical disability cannot
B. Although the Defendant made a confession of the entire crime of this case in favor of his wrongness, the Defendant committed the crime of this case on the other hand, the crime of this case was committed repeatedly against the neighboring merchants and neighbors, resulting in continuous damage. In particular, the Defendant, at the time of committing the crime of this case, had a very poor nature of the crime, such as carrying with him the knife, knife, which is dangerous articles, or threatening himself to commit self-harm, etc., and the Defendant had a record of criminal punishment (including four times of actual punishment) on several occasions for violent crimes; the Defendant committed the crime of this case on November 6, 2012 after being sentenced to imprisonment with prison labor and six months; the Defendant committed the crime of this case on the other hand during the period of the repeated crime; the victims did not reach the agreement with the victims of this case; the victims appears to have suffered considerable mental suffering from the crime of this case on the part of the Defendant’s retaliation even after his detention; the guidelines for the crime of this case’s habitual imprisonment and the conflict between the crime of this case’s punishment.