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(영문) 수원지방법원 2020.02.13 2019노7081
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in the state of having no or weak ability to discern things or make decisions by drinking alcohol and taking various drugs.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the Defendant’s behavior, words, selection of the object of the crime, method of taking the crime, etc. committed before and after each of the instant crimes, which were duly adopted and examined by the lower court as to the assertion of mental and physical disorder, it is not recognized that the Defendant had no or weak ability to discern things due to drinking or taking the medicine at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant led to the confession of the crime and reflects the depth of the crime, the victim C of the crime of special intimidation does not want the punishment of the defendant, and the defendant committed the crime of this case by contingency under the influence of alcohol, but the court below also seems to have determined the punishment in consideration of all the above sentencing factors.

In light of these circumstances, the crime of this case committed by the defendant using a knife knife, which is a deadly weapon, and threatened the victim C with the face of a police officer dispatched after receiving a report, thereby obstructing legitimate performance of official duties. In light of the method and contents of the crime, etc., it is extremely poor that the crime was committed; the defendant did not receive a knife from the victimized police officer; the defendant had a record of being punished six times as violent crime; the defendant has a balance in sentencing with the same and similar incidents; the defendant's age, career, character and behavior, environment, motive, means and consequence of the crime; and other various sentencing conditions shown in the argument of this case, including the circumstances after the crime, it can be deemed unfair that the sentence of the judgment below is too unreasonable.

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