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(영문) 의정부지방법원 2019.07.11 2019노637
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with mental and physical disorder, committed a crime of the 2018 High Court Decision 2018 High Court Decision 2017 High Court Decision, and thus, should be mitigated or exempted from punishment.

(b) The sentencing division (the sentence of the court below: Imprisonment with prison labor for two months and for one year);

2. Determination

A. Whether a person has a mental disorder (negative) : (a) The defendant was under the influence of alcohol at the time of committing a crime; and (b) the defendant was unable to have a violent change in his/her reputation. However, this part of the crime cannot be determined that there was an obstacle to the ability to discern things or make a decision to the extent that the reduction of punishment was necessary at the time of committing a crime; and (c) the defendant’

B. Whether the sentencing is excessive (negative) there are extenuating circumstances, such as: (a) the Defendant appears to have committed a crime of intimidation while recognizing all of the instant crimes; (b) the Defendant received a letter from the victim of the crime of special intimidation; (c) some of the crimes were attempted; (d) the crime of the crime of the 2018 Height3528 case as indicated in the lower judgment and the crime of fraud, which has already been finally affirmed, should take into account the equity with the case of concurrent rulings; and (e) the Defendant is a person with the

However, in light of the methods, contents, frequency, etc. of each of the crimes of this case, the punishment of the court below is determined to be appropriate within the discretionary scope, in full view of the following factors: (a) the Defendant was under criminal punishment several times, including imprisonment for the same kind of crime, such as fraud, theft, etc.; (b) the Defendant committed each of the crimes of this case during the period of the same repeated crime; and (c) the other victims, other than the victims of special intimidation, have not been able to use it and have endeavored to recover from damage; and (d) other all of the sentencing conditions of this case, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.

Therefore, the defendant's argument during the sentencing.

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