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(영문) 창원지방법원 2016.06.02 2016노800
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each of the instant crimes committed by the Defendant with mental or physical disorder is committed in a state of loss of mental or physical disorder or mental disorder.

B. The punishment of the lower judgment that was unfair in sentencing (the imprisonment of eight months, confiscation) is too unreasonable.

2. Determination

A. In light of the contents, etc. of each of the crimes in this case regarding the assertion of mental disorder, at the time of each of the crimes in this case, the defendant had no or weak ability to discern things or make decisions due to harm or mental disorder.

Therefore, the defendant's assertion is without merit.

B. In full view of the following facts: (a) the determination of the unfair argument of sentencing is examined; (b) the defendant is against the defendant; (c) the defendant is deemed to have reached an agreement with the victim D; (d) the other victims are not agreed upon; and (e) the same crime was committed within one month after the execution of the sentence was completed upon the sentence of the same kind of crime; and (e) the defendant’s age, sexual conduct, family relationship, economic situation, circumstances leading to the crime; and (e) other matters concerning the sentencing specified in the records and arguments of this case, the defendant’s argument is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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