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(영문) 서울고등법원 2017.02.09 2016노4001

특정범죄가중처벌등에관한법률위반(보복협박등)등

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The defendant's appeal is dismissed.

Reasons

The Defendant did not have the purpose of retaliation at the time of committing the instant crime.

The Defendant was mentally and physically weak at the time of committing the instant crime.

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

Judgment

The Defendant alleged misunderstanding of facts or misapprehension of legal principles also asserted the same as the grounds for appeal, and the lower court rejected the Defendant’s allegation in detail by providing a detailed judgment on this part of the Defendant’s argument.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts or by misunderstanding of legal principles as alleged by the defendant, which affected the conclusion

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

According to the records of the Defendant’s assertion of mental and physical weakness, even though he was aware of drinking at the time of committing the instant crime, in light of all the circumstances such as the background leading up to the instant crime, the content of the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, the Defendant was in a state that the Defendant had the ability to discern things or make decisions by drinking at the time of committing the instant crime.

Therefore, this part of the defendant's assertion is without merit.

In light of the records and arguments of this case, including the fact that the defendant committed the crime of this case for the purpose of retaliation during the period of repeated crime, which is inevitable for severe punishment, the victim's degree of damage, the defendant's reflectivity, the circumstances after the crime, and the circumstances after the crime, etc., the court below's punishment against the defendant based on the conditions of sentencing under Article 51 of the Criminal Act and the sentencing guidelines of the Supreme Court's sentencing committee, the sentence of the court below is too unreasonable.

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