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(영문) 창원지방법원 2013.04.04 2013노213

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant made a confession of all the facts charged in the instant case and against the mistake; (b) the Defendant was in a state of mental disability at the time of the instant case; (c) the Defendant was in a state of mental disability; (d) there was a disability of the third degree of mental retardation; and (e) it is difficult for him to maintain his livelihood

2. Even if considering the circumstances alleged by the Defendant, the instant crime was committed on the ground that the Defendant did not carry out his/her civil petition, such as the payment of living expenses and disability allowances, etc., on the ground that the Defendant’s crime of this case was committed by using violence against the D Office Social Welfare and public officials, and that it is not good and good to commit the crime. The instant crime is repeated continuously from April 14, 2010 to June 1, 2012, and it seems that the mental and physical suffering of the victimized public officials would have been considerable. Nevertheless, the Defendant did not make any effort to recover victims’ damage, and the Defendant did not make any effort to establish the state’s legal order and eradicate the state of public authority, and there is a need to strictly punish violent crimes against the public officials on official duty. The Defendant had already been in a state of mental disorder due to depression, etc. at the time of the instant crime, considering sufficient consideration that the Defendant had already been in a state of mental disorder by taking into account the circumstances and circumstances of the Defendant, as well as the background and circumstances of the instant crime.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.