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(영문) 서울고등법원 (춘천) 2014.04.09 2013노240
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

The judgment below

The 6th 16th 17th 17th c.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have threatened the victim D with the purpose of retaliation.

B. The Defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of committing the instant crime except for driving without a license among the instant crimes.

C. The sentence of the lower court on unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant threatened the victim D with the purpose of retaliation as stated in the judgment below. Thus, the defendant's assertion contrary thereto is without merit.

B. According to the records on the assertion of mental disorder or mental disability, the defendant can be acknowledged that he/she had drinking alcohol at the time of committing the crime. However, in light of the circumstances indicated in the records, such as the background of the crime and the conduct before and after the crime, it does not seem that he/she suffered the remaining objects under the influence of alcohol, loss of ability to make a decision, or lack of ability to make a decision.

This part of the defendant's assertion is without merit.

C. Although there are some favorable circumstances such as the Defendant’s agreement on the assertion of unfair sentencing with some victims when the judgment on the assertion of unfair sentencing was made at the trial, the Defendant committed each of the crimes in this case even though the period of repeated crime was a repeated crime, there are several criminal records in the same kind of crime. In particular, considering the fact that the crime against victims D is extremely poor in the nature of the crime, and other various conditions of sentencing as indicated in pleadings, such as age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

However, the judgment of the court below is against the "victim C" of No. 16, 17.

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