(영문) 서울동부지방법원 2020.12.18 2020노1296

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줄 간격

자간(%)

(영문) 서울동부지방법원 2020.12.18 2020노1296

특수협박등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of one year and two months and by a fine of five hundred thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability due to a mental and physical disease, etc. that was under the influence of or suffering from alcohol at the time of each of the instant crimes.

B. The sentence imposed by the lower court (one year and two months of imprisonment and a fine of 600,000 won) is too unreasonable.

2. Determination

A. In full view of the background and process of each of the instant crimes, the Defendant’s behavior before and after the instant crimes, etc., it does not appear that the Defendant was under the influence of alcohol at the time of each of the instant crimes, or under the lack of ability to discern things or make decisions due to mental diseases, etc. (However, the Defendant’s mental and physical and mental problem seems to have affected each of the instant crimes, and thus, this point is considered in sentencing). This part of the Defendant’s assertion is without merit.

B. The Defendant committed each of the instant crimes for a period of two months. In light of the method, means, and degree of damage, etc. of the instant crimes, the Defendant’s liability for the crime is not somewhat weak.

However, in light of the fact that the defendant's mistake is recognized, the defendant's side agreed with the victim E, H, N, X, X, W, and Y entertainment drinking house business, the mental and physical problems of the defendant seems to have a certain degree of influence on each of the crimes of this case, and the fact that the defendant committed each of the crimes of this case after about 15 years have passed since the time when the defendant was not guilty of a fine and was finally punished, considering the favorable circumstances, the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., it is judged that the court below's punishment is unfair.

This part of the defendant's argument is justified.

3. Conclusion.

유사 판례

-대구고등법원 2020.05.21 2020노68

-서울중앙지방법원 2017.04.20 2017노781

-대구지방법원 2014.10.24 2014노2184

-서울남부지방법원 2019.09.19 2019노987

-수원지방법원 2017.09.22 2017노529