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(영문) 인천지방법원 2016.06.17 2016노1147
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was not aware of the victim’s hacker’s hacks as the victim’s hacker’s hack, or the victim’s hacker’s hacks by two descendants.

B. At the time of each of the instant crimes, the Defendant was under the influence of alcohol or lacks mental capacity to distinguish things from one’s own mind or body.

(c)

The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant's assertion in this part is without merit, since the defendant's misunderstanding of facts is able to fully recognize the victim's face with the hand floor as shown in the judgment below, and the victim's face is taken by two descendants.

B. The Defendant’s mental and physical disorder was recognized as having been in a certain state of drinking alcohol at the time of each of the instant crimes, but was unable to discern things or make decisions beyond the spirit of alcohol, or lacks the ability to make decisions.

It is difficult to see this part of the defendant's assertion.

(c)

Although the sentencing is unfair, there is a favorable condition for the defendant, such as the defendant's deposit of KRW 3 million for the victim. However, considering the fact that the defendant denies each of the of the crimes of this case and does not reflect the fact that the defendant committed each of the crimes of this case without being aware of the period of repeated crime due to fraud, the fact that there was a history of criminal punishment several times for violent crimes, and other various sentencing conditions shown in the arguments of this case, such as character, character, age, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, relationship with the victim, etc., the sentence of the court below is too unreasonable.

3. Conclusion.

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