(영문) 서울서부지방법원 2015.10.15 2015노759

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(영문) 서울서부지방법원 2015.10.15 2015노759

공갈미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although a mistake of facts: (a) the Defendant lost all KRW 270,000 that he/she was charged while game in Epics operated by the victim; and (b) demanded the victim to pay the game money; and (c) there was a fact that the victim resisted to do so; (d) however, there was no fact that the Defendant threatened the victim and asked him/her

B. The Defendant suffered from a flat depression, a unique personality disorder, a sulfur disorder, etc., and in particular, at the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disorder by drinking.

C. The sentence of an unreasonable sentencing (one million won of a fine) by the lower court is too heavy.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the fact that the defendant requested the police to report the victim's illegal business to the victim at the time of the instant case to the victim and the victim and F's statement at the time of the instant case can be recognized. Therefore, it can be sufficiently assessed that the defendant led to the withdrawal of money by threatening the victim.

Defendant’s assertion is without merit.

B. According to the record as to the assertion of mental disorder, it cannot be confirmed whether the defendant suffered from ordinary depression, unique personality disorder, and yellow disorder, etc., and only the drinking at the time of the crime in this case can be recognized. In light of the defendant's usual drinking volume, background leading up to the crime, method and method of the crime, and circumstances after the crime, etc., it does not appear that the defendant did not have the ability to discern things or make decisions due to drinking, or did not have the ability to do so. Thus, the above assertion by the defendant is without merit.

C. As to the assertion of unfair sentencing, the fact that the instant crime was committed on the attempted attempt and the Defendant did not gain any profit actually acquired is an element of sentencing favorable to the Defendant.

However, up to the trial of the defendant.

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