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(영문) 춘천지방법원 강릉지원 2013.06.25 2013노162
공갈등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In each of the instant crimes claiming mental disorder, there was a mental disorder or mental health disorder due to alcohol existing at the time of each of the instant crimes.

The sentencing of the lower court on the assertion of unfair sentencing (10 months of imprisonment) is too unreasonable.

In light of the circumstances at the time of each of the instant crimes, the Defendant’s legal attitude as to the assertion of mental disorder, etc., it is not deemed that the Defendant was under the influence of alcohol at the time of each of the instant crimes, or did not have the ability to discern things or make decisions due to alcohol existence, etc.

As to the assertion of unfair sentencing, there is no much amount of damage caused by each of the instant crimes against the Defendant, such as the fact that the lower court agreed with the victim I and agreed additionally with the victim E in the trial, the fact that it is against the fact that the victim E, and that it is necessary to look at the child who has inconvenience.

However, considering the fact that the Defendant had a number of criminal records including the sentence imposed several times, and was sentenced to a number of fines for various crimes in the last few years, and that the Defendant again committed each of the crimes in this case without being aware of it, and that the victims of each of the crimes in this case seems to have been suffering from considerable mental pain due to the Defendant for a long time, and that all other circumstances that form the conditions for the sentencing in this case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, are considered, the sentencing of the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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