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(영문) 대전고등법원 2015.09.11 2015노346
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the crime of retaliation, retaliation, intimidation, etc. against the victim E, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too heavy.

2. Determination

A. The record on the assertion of mental or physical disorder shows that the defendant had drinking at the time when he committed the crime of retaliation, assault, intimidation, etc. against the victim E. However, it is difficult to recognize that the crime of retaliation, retaliation, intimidation, etc. in the judgment of the court below was committed in a state of mental or physical disorder as asserted by the defendant, in full view of the background and frequency of the crime committed by the defendant based on the evidence adopted and investigated by the court below, the defendant's attitude and contents of the defendant's investigation agency, the victim and witness's attitude, the defendant's usual living attitude, the defendant's life attitude after the crime, the circumstances after the crime committed, and the criminal records

This part of the defendant's assertion is not accepted.

B. Although the Defendant appears to have led to the confession and reflect on each of the instant crimes, the Defendant appears to have suffered a lot of mental suffering due to the crime of indecent act by compulsion, retaliation violence, and retaliation intimidation, etc. committed against the victim E, and not completely recovered from damage.

In addition, even though the drinking driving had already been punished several times due to the drinking driving, the driving again causes the traffic accident, and the victim did not take appropriate measures for recovery from damage.

A defendant who has been punished 16 times or more, including five times of imprisonment with prison labor, the execution of which has already been suspended due to similar crimes of the same kind, shall observe more norms and damage other persons with regard to each of the crimes of this case.

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