특정범죄가중처벌등에관한법률위반(보복범죄등)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disability.
B. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, it is not deemed that the defendant was in a state of lacking or lack of ability to discern things or make decisions due to drinking, in full view of the circumstances leading to the crime, the means and method of the crime, the defendant's behavior before and after the crime, and the circumstances after the crime.
Dor. This part of the defendant's argument is without merit.
B. As to the assertion on unfair sentencing, (i) the Defendant was sentenced to the crime of interference with business, etc. and was released from the sentence on July 2013, 2013, and found the victim G (65 years of age) with the lapse of about four months, and used the victim G for retaliation, and the Defendant did not have the purpose of retaliation in the statement of grounds for appeal, and stated that the number of the relevant injury or disease was low. However, according to the evidence duly adopted and investigated by the lower court, the Defendant was guilty of this part of the crime.
In any way, without any reason, the victim E (n, 50 years of age) who had been on the street was injured by drinking the face of the victim E (n, 50).
In light of the specific contents and circumstances of the crime, the nature of the defendant is very serious.
There was no agreement with the victims, and there was a great harm caused by each of the crimes of this case in terms of the occurrence of apprehensions to the victims as well as the neighboring citizens.
In particular, retaliation crimes should be strictly dealt with in that they interfere with the proper exercise of judicial power based on the protection of victims, and further undermine the people's trust in the judiciary.