특정범죄가중처벌등에관한법률위반(보복범죄등)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental or physical disability, who was under the influence of alcohol in each of the instant crimes, or a state of mental or physical disability.
B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the allegation of mental disorder or mental disability, the defendant can be found to have drank prior to each of the crimes in this case. However, in light of various circumstances such as the situation at the time of each of the crimes in this case and the defendant's behavior before and after the crime in this case, it is deemed that the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case. Thus, the defendant
B. As to the assertion on unfair sentencing, it is against the Defendant’s recognition of the fact that the Defendant committed each of the crimes of this case from the court of the lower court to the court of the trial, and the victims do not want punishment against the Defendant by mutual consent with the victims of each of the crimes of this case. In the case of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the degree of intimidation is relatively minor and the amount obtained by deceit of each of the crimes of this case
On the other hand, on the other hand, the defendant has been punished several times as well as imprisonment with prison labor due to the same crime, and in particular, on August 23, 2012, the Seoul Southern District Court sentenced the defendant to one year in violation of the Punishment of Violences, etc. Act (collectively weapons, threat), fraud, and crime of interference with business (collective weapons, etc.) and completed the execution of the sentence on July 2, 2013. Thus, the defendant should be tried so that it does not cause any damage to other persons by causing any wrong drinking habits.