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(영문) 부산고등법원 2017.07.19 2017노258
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from a mental illness, but was in a state of mental and physical loss or mental weakness at the time of committing the crime.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, although the Defendant appears to have been suffering from alcohol dependence and the Defendant was in a state of drinking at the time of committing the crime, considering the motive, circumstance, content, means, method, and circumstances of each of the instant crimes, the Defendant was in a state that, at the time of committing each of the instant crimes, the Defendant did not have the ability to discern things or make decisions due to the military force and drinking of alcohol dependent upon alcohol at the time of committing the crime.

is not recognized.

The defendant's mental disorder is without merit.

B. As to the wrongful assertion of sentencing, the Defendant appears to be not good for health, such as both recognizing the Defendant’s crime and reflecting misjudgments, and suffering from alcohol symptoms and urology.

However, on November 20, 2015, the Defendant had been punished several times for the same crime, and on March 14, 2016, after having been sentenced to imprisonment for a crime of fraud and a special intimidation at the Ulsan District Court, the Defendant committed each of the crimes in this case during the period of repeated crime after having completed the execution of punishment on March 14, 2016.

The crime of this case is likely to be committed in light of the motive and background of the crime, method and contents of the crime, etc. as a intimidation to the victim K that the defendant habitually takes the possession of force twice twice and demands the repayment of the borrowed money, and as a result of the arrest of the victim K as a flagrant offender, intimidation to the victim K for the purpose of retaliation.

There is no measure to recover damage up to the trial, so it is inevitable to make a strict punishment corresponding to it.

In addition to these circumstances, the records and arguments of this case, including the defendant's age, sex, environment, and circumstances after the crime, are shown.

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