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(영문) 창원지방법원 2016.10.13 2016노2070
특수협박등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of each of the instant crimes, the Defendant was in the state of mental illness or mental and physical disability due to drinking at the time of the instant crimes. 2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing ( imprisonment for eight months and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical disability argument, it is recognized that the Defendant was drinking at the time of each of the instant crimes, but in light of the circumstances leading up to each of the instant crimes, the Defendant’s behavior before and after the instant crimes, the means and method of the crime, and the purport of the Road Traffic Act punishing a person driving a vehicle under the influence of alcohol, etc., the Defendant did not have the ability to discern things or make decisions

Since it seems that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant’s confessions and reflects the criminal facts on behalf of the Defendant, and the fact that the lower court deposited KRW 1.5 million for the victim F of the crime of special intimidation, etc. is favorable to the Defendant

On the other hand, each of the crimes of this case is found to be disadvantageous to the defendant, such as the fact that the defendant was under the influence of alcohol, was driving while under the influence of alcohol, by carrying the grandchildren, which are dangerous objects, and threatened the victims, and the nature of the crime is poor. The blood alcohol concentration of the defendant at the time of driving under the influence of alcohol is very high to 0.190%, and the defendant again was punished by a fine of 700,000 won in 201 and a fine of 5 million won in 2015, while he was under the influence of alcohol, and the fact that the defendant did not reach an agreement with the victims of special intimidation.

The defendant's age, environment, character and behavior, motive of the crime, and before and after the crime is committed.

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