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(영문) 대구고등법원 2018.04.11 2018노47
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to mental illness, such as alcohol dependence, and drinking.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, the Defendant had the ability to receive treatment due to mental illness or drinking, such as alcohol dependence on the time of committing the instant crime, and most alcohol at the time of committing the instant crime, even though he was found to have been in a state of drinking. In light of the Defendant’s background of the instant crime, the method and method of committing the instant crime, and the Defendant’s behavior and attitude before and after committing the instant crime, etc., the Defendant was in a state of lacking the ability to discern things or make decisions due to such mental illness or drinking as alcohol dependence on the alcohol at the time of committing the instant crime.

does not appear.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the unfair argument of sentencing, the fact that the defendant is against his mistake, the defendant repaid the amount obtained by defraudation to the victimO after the crime, and the court below agreed with the victim U.S. at the trial, and the fact that the victim R already agreed with the victim R (the victim R already expressed the defendant's intention not to punish the defendant during the investigation process) is favorable to the defendant.

However, the crime of this case is committed several times by the defendant, who has committed violence or has obstructed the business by suppressing the disturbance, has been provided with food and alcohol despite no intent or ability to pay the food value, while committing the crime of interference with the above duties, he commits assault against another prisoner while arrested in the detention room of the police station due to the crime of interference with the duties, and then detained the second victim after being investigated by the investigation agency after being released after being investigated by the investigation agency.

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