특정범죄가중처벌등에관한법률위반(보복협박등)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal by the defendant;
A. The Defendant was under medical treatment due to alcohol dependence, saved disorder, and shocked disorder. However, at the time of committing the crime, the Defendant was in a weak state with the ability to discern drinking water from alcohol or make decisions.
B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In light of the fact that the Defendant received medical treatment due to alcohol dependence, etc., and the fact that he had drinking at the time of the instant crime is recognized, but in light of the background of the crime, the circumstances before and after the crime, and the Defendant’s memory of his criminal process, etc., it is not deemed that the Defendant did not have reached a weak state of ability to discern things or make decisions under the influence of alcohol at the time of the crime. Therefore, the above assertion by the Defendant is groundless
B. The Defendant’s judgment on the assertion of unfair sentencing is not a favorable circumstance for the Defendant, such as the fact that all the facts constituting an offense are accepted and the mistake is divided, the victim E agree with the victim, and the police officer I is the Defendant’s preference.
However, the crime of this case is not good, even though the defendant was sentenced to a suspended sentence of imprisonment due to property damage, intrusion upon residence, and assault for retaliation against the victim E, the defendant repeated the crime to the same victim during the grace period. In full view of various sentencing conditions, including the defendant's age, character and behavior, environment, relationship with the victim, motive, means, consequence, etc., the sentence imposed by the court below is too unreasonable.
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 since it is without merit. It is so decided as per Disposition.