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(영문) 서울고등법원 (춘천) 2014.02.05 2013노215
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In spite of the fact that the Defendant had not inflicted an injury on Q, the lower court found Defendant 1 guilty of this part of the facts charged. 2) The Defendant was in a state of lacking the ability to discern things or make decisions due to exploitation at the time of committing the crime as prescribed in Articles 4 and 7 of the lower court’s decision (2013Gohap61).

3) The sentence sentenced by the lower court on unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the reasoning of the lower judgment on the Defendant’s assertion of mistake of facts, according to Q’s testimony and diagnosis of Q, the fact that the Defendant inflicted an injury on the victim by taking the head debt and taking the head debt as stated in paragraph (1) of the lower judgment (2013Gohap69) can be fully recognized.

Therefore, the defendant's assertion of mistake is without merit.

B. According to the evidence duly admitted and examined by the lower court as to the Defendant’s claim of mental disability, it is difficult to view that the Defendant was in a state where the Defendant had the ability to discern things or make decisions due to drinking at the time of the crime in light of the circumstances such as the circumstances of each crime, means, and circumstances after the crime, etc., although it is recognized that the Defendant had drinking at the time of the crime in question.

Therefore, the defendant's mental disorder is without merit.

C. The crime of this case on the assertion of unfair sentencing by the Defendant and the prosecutor is committed by the Defendant without one’s unilateral consent, and the Defendant continues to bullying by sending obscene voice to the victimized women, driving away, threatening, and destroying the victim’s property, and thereby, the said victims reported the Defendant to the said victims, thereby preventing retaliation against the victims, and the crime is very poor, and the Defendant resides therein.

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