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(영문) 서울남부지방법원 2016.07.22 2015노1967
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant submitted two applications to request a trial of unconstitutionality during the trial of the lower court, and only one of them voluntarily withdrawn, the lower court’s judgment was unlawful since it was deemed that the Defendant voluntarily withdrawn the remaining one applications that the Defendant did not withdraw, thereby omitting the judgment.

B. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime due to mental suffering.

(c)

The punishment sentenced by the court below (10 months of imprisonment, 2 years of suspended execution, 4 years of protection observation) is too unreasonable.

2. Determination

A. Even if the defendant's assertion of misunderstanding of the legal principles is true, the case of the request for adjudication on the unconstitutionality and the case are separate from the case of this case, and the judgment of the court below was made without making a decision on the case of the request for adjudication on the unconstitutionality, the judgment of the court below cannot be deemed unlawful, and the judgment of the court below was based on the unconstitutional Act, etc. or by

Therefore, the Defendant’s assertion of misunderstanding the legal principles is without merit (for example, in addition to the fact that the Defendant filed an application for adjudication of unconstitutionality with a similar content during the trial of the lower court, and the Defendant already received a decision of rejection on the ground that the Defendant’s application for adjudication of unconstitutionality was unlawful). (b) In light of the background leading up to the instant crime as to the assertion of mental disorder, the circumstances, means and methods thereafter, and the Defendant’s speech and behavior, the Defendant had no or weak ability to discern things or make decisions due to mental suffering at the time of the instant crime.

Therefore, the defendant's mental and physical disability argument is without merit.

(c)

Judgment on the unfair argument of sentencing ① The crime of this case is close to 20 years by the defendant.

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