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(영문) 부산고등법원(창원) 2020.12.23 2020노210
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The Defendant was in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.

The punishment imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

The sentence imposed by the public prosecutor by the court below is too uneasible and unfair.

Judgment

According to the record as to the claim of mental disability, the defendant may be found to have a certain degree of drinking at the time of each of the crimes in this case. However, in full view of various circumstances, such as the background of each of the crimes in this case, the method and method of the crime, and the circumstances after the crime, which are acknowledged by the evidence duly adopted and investigated by the court below, it is not deemed that the defendant did not have the ability to discern things or make decisions due to drinking at the time of

Therefore, the defendant's argument of mental disability is without merit.

As to the assertion of unreasonable sentencing by the Defendant and the prosecutor, the lower court recognized part of each of the crimes of this case at the lower court and recognized the remainder of each of the crimes in the trial, and divided the errors, and there is no history of punishment exceeding the suspension of the execution of imprisonment, the degree of injury suffered by the victim C is not serious, and the victim I does not want to be punished against the Defendant, etc. are favorable circumstances to the Defendant.

On the other hand, each of the crimes of this case committed an injury upon the request of the defendant to move a truck located in a restaurant parking lot to the victim C, who is a restaurant operator, by taking the face of the victim C, who was the above victim reported to the police. In response, the above victim was fluencing the victim and the denied victim D for the purpose of retaliation, and assaulted the victim C for the purpose of retaliation, and separately dangerous objects.

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