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(영문) 서울고등법원 2015.03.27 2015노8

특정범죄가중처벌등에관한법률위반(보복상해등)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant, who is a disabled person with mental disability in the third degree, was in a state of mental disability at the time of committing the instant crime, but the lower court neglected this.

The punishment (one year of imprisonment and two months of imprisonment) imposed by the court below on the defendant by asserting unfair sentencing is too unreasonable.

Judgment

According to the record as to the claim of mental disability, it is recognized that the defendant has received the judgment of mental disability class 3.

However, in light of the motive and background of each of the instant crimes, the means and method of committing the instant crimes, and the circumstances before and after committing the instant crimes, it does not seem that the Defendant had the weak ability to discern things or make decisions at the time of each of the instant crimes.

The defendant's above assertion is without merit.

As to the assertion of unfair sentencing, the Defendant made a confession of all of the crimes of this case and misunderstanding in depth.

In addition, the defendant is a recipient of basic life with a mental disability of class 3, and is the most supported by a person with mental disability who has a symptoms of dementia.

However, each of the crimes of this case committed by the Defendant is deemed to have suffered a great mental and physical pain due to the series of crimes committed by the Defendant, which are the same four residents, insultingly, and the victim reported it to the police, inflicted injury on the victim for the purpose of retaliation, and repeatedly sent the victim several times to the effect that the victim would be able to reach an agreement or criticize the victim.

Nevertheless, the Defendant does not seem to make all efforts to recover damage.

In addition, at the time of each of the crimes of this case, the investigation and trial procedures were in progress due to the obstruction of performance of official duties against the defendant, and the defendant was punished as violent crimes several times in the past, but again committed the crimes of this case.

In addition, some of the crimes of this case are committed.