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(영문) 대법원 2017.02.03 2016도20275
특수공갈미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant alleged in the statement of reasons for appeal that he was in a state of hearing disability and mental or physical weakness at the time of committing each of the crimes of this case, along with the wrongful argument in sentencing, and that he did not clearly withdraw his argument at the trial date of the court below, but the court below did not render any judgment as to the assertion of hearing disability and mental or physical weakness.

However, examining the evidence duly adopted by the court below and the first instance court, the defendant was in a state of mental and physical weakness due to the deaf-mute or drinking at the time of each of the crimes in this case.

Therefore, the lower court’s omission of judgment does not affect the conclusion of the judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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