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(영문) 춘천지방법원 2018.07.20 2018노328
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing each of the instant crimes.

B. The sentence sentenced by the lower court is too unreasonable.

2. According to the records on the assertion of mental and physical disorder, the Defendant was hospitalized at the Gangwon University Hospital from November 10, 2017 to November 28, 2017 on the ground of “ alcohol-related disease,” etc. on the ground that the Defendant was hospitalized. On April 17, 2018, the Defendant was found to have received a diagnosis of “the depression of a serious symptoms without any mental symptoms.” However, the Defendant’s receipt of hospitalized treatment is more than once the date of each of the instant crimes, and even based on the diagnosis conducted after each of the instant crimes, there is no mental symptoms.

In light of the circumstances leading up to each of the instant crimes, the means and methods of committing the instant crimes, and the circumstances before and after committing the instant crimes, the aforementioned circumstances alone were insufficient or insufficient to distinguish things and make decisions at the time of each of the instant crimes.

It is insufficient to view it, and there is no other material to recognize the mental disorder of the defendant.

The defendant's mental disorder is not accepted.

3. A written agreement was submitted in the name of some victims to the purport that the appellate court did not want to punish the defendant against the judgment of the appellate court regarding the unfair argument of sentencing.

However, in light of the conditions of sentencing as indicated in the record and the theory of changes, including the developments leading up to the agreement with some victims in the appellate trial, and the reasons for sentencing of the lower judgment, even if considering all the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair due to the lack of punishment.

We do not accept the defendant's unfair argument of sentencing.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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