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(영문) 서울고등법원 2017.04.14 2016노4193
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant case (unfair sentencing)’s punishment of the lower court (in 6 months of imprisonment and 2 years of suspended sentence) is deemed to be too unhutiled and unfair.

B. Although it is difficult to expect that the Defendant and the person in charge of care and custody for treatment and custody (hereinafter “Defendant”) will continue to undergo drug treatment in the future, it is difficult to expect that they will undergo drug treatment in the future, and there is a high possibility that a person who cares for himself after suspending drug treatment or counseling will be able to commit a crime sufficiently similar to his own, it is necessary to undergo medical treatment in the treatment facility. However, the lower court’s dismissal of the prosecutor’s

2. Determination

A. As to the Defendant case, the Defendant’s crime of this case committed an act of threatening a person who is in danger at a public place, carrying with him, and without any reason, without any reason, and saws and saws, which are dangerous objects, and saws in a bank, thereby creating a sense of fear to many and unspecified persons, thereby impairing the public safety, and in light of the contents and methods of the crime, etc., is disadvantageous to the Defendant.

On the other hand, the defendant recognized the crime of this case from the court below to the court below, and committed the crime of this case in a state of mental and physical weakness due to the Compilation mental disorder. In the case of each special intimidation of this case, the victims do not want the punishment of the defendant, the victims do not have any punishment history exceeding the fine, and the defendant has no punishment history, and the defendant is able to receive the treatment faithfully in order to continue research and writing activities as a person who acquired a doctor's degree and engaged in research and writing activities.

In addition, various circumstances such as the defendant's age, sex, family environment, motive for the crime, and circumstances after the crime are attached to the sentencing.

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