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(영문) 대구지방법원 2017.12.15 2017노4274

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally in a state of mental or physical loss or weak ability to discern things or make decisions due to the use and drinking of drugs at the time of the instant crime.

B. The sentence sentenced by the lower court (one year of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mental and physical weakness, it is recognized that the defendant had committed the crime of this case while suffering from net disorder, etc., but considering the circumstances leading to the crime of this case, the method and method of the crime, the defendant's behavior before and after the crime of this case, and the circumstances after the crime of this case, it cannot be deemed that the defendant lacks the ability to discern things or make decisions at the time of the crime of this case. Thus, the above assertion by the defendant is without merit.

B. In light of the following: (a) each of the instant offenses with regard to the determination of the illegality of sentencing, each of the instant offenses prevents the victim from performing their duties several times; and (b) intimidation the victim by using gasoline, which is a continuously dangerous object even after undergoing the police investigation; (c) there is a large number of criminal records against the Defendant; and (d) other circumstances indicated in the record, such as the Defendant’s age, sex and environment, means and consequence of the instant offense; and (e) the circumstances after the commission of the offense, etc., the sentence imposed by the lower court is too unreasonable, even if considering the following factors: (a) the Defendant recognized each of the instant offenses; and (b) the Defendant appears to be somewhat unstable due to the

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.