(영문) 대구고등법원 2014.01.16 2013노571 | 리걸엔진

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자간(%)

(영문) 대구고등법원 2014.01.16 2013노571

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant 1 was in a state of having no or weak ability to discern things or make decisions due to drinking at the time of committing the instant crime, and thus, the lower court did not recognize it, which erred by misapprehending the fact concerning the mental disorder or mental disability and thereby adversely affecting the conclusion of the judgment.

(The defendant and his defense counsel withdrawn the assertion of mistake of facts and of misapprehension of legal principles on the date of the first trial on December 19, 2013). The court below's sentence of unfair sentencing (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental disorder claim, it is deemed that the Defendant did not have the ability to discern things or make decisions due to drinking, in full view of all the circumstances, such as the background leading up to the Defendant’s crime, the means and method of the crime, the Defendant’s criminal conduct before and after the crime, and the circumstances after the crime.

Therefore, it is correct that the court below did not recognize the mental disorder of the defendant, and there is no error of misunderstanding the facts regarding the mental disorder in the judgment below, and this part of the defendant

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant had already been sentenced to imprisonment, suspension of the execution of imprisonment, and fine on more than 40 occasions due to the same criminal act. In particular, the Defendant was sentenced to imprisonment for six months in the year 201 and eight months in the year 201 as an act of violence against the victims and their employees.

The defendant is not guilty of having completed the term of imprisonment with prison labor and the execution of detention in prison, and the victim is once again on 12 days.

유사 판례

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