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(영문) 창원지방법원 2018.08.09 2017노3587
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of physical and mental disorder, the Defendant committed the instant crime under the condition of physical and mental loss or mental weakness by drinking alcohol.

B. Sentencing

2. Determination

A. According to the record as to the assertion of mental and physical disorder, even though the defendant was under the influence of alcohol at the time of committing the crime, the defendant cannot be deemed to have reached the crime under the influence of distinguishing things or getting lost or lacking the ability to make a decision, taking into account the circumstance acknowledged by evidence, the criminal history of the crime in this case, the details of the crime, and the conduct before

We do not accept the Defendant’s assertion that the Defendant had a mental disorder at the time of the instant crime.

B. Even when considering the circumstances in which the Defendant was informed on the grounds of appeal regarding the unfair argument of sentencing, the lower court appears to have determined the sentence within a reasonable scope by fully taking into account all the circumstances regarding sentencing.

B. After the judgment of the court below, the victim D wanted the defendant to be faced with alcohol addiction and the defendant shows the will to treat the defendant as to alcohol addiction. However, in light of the following facts, the defendant's criminal history, the criminal history of this case, the background and form of the crime, the relationship with the victim, in particular, the relation with the victim, the crime of this case during the suspended execution period, and the fact that the defendant committed the crime of this case at least 30 times as a domestic violence case between the last one year, and the defendant was reported to the police more than 30 times as a domestic violence case, and the defendant was dissatisfied with the victim's complaint about the victim's reporting to the police and such complaint appears to be one of the motive for the crime of this case, even if considering the above circumstances, the court below's punishment (6 months) is not deemed to be unfair due to this reason

Therefore, we cannot accept the Defendant’s assertion that the sentencing of the lower court is unfair.

3. The defendant's appeal for conclusion is without merit and Article 364 of the Criminal Procedure Act.

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