Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of mental disorder or mental retardation.
B. Taking account of all the circumstances, including the fact that the Defendant committed each of the instant crimes under the influence of unfair sentencing, the Defendant is in profoundly against his wrongness, and the Defendant is receiving alcohol addiction treatment in the future and does not commit the same mistake as each of the instant crimes, the lower court’s punishment is too unreasonable.
2. Determination
A. In full view of the following: (a) the circumstance of each crime of this case, the method and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly examined and adopted by the lower court as to the Defendant’s mental and physical disorder, the Defendant did not have the ability to discern things or make decisions due to drinking
Since it seems that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.
B. Each of the instant crimes committed on the part of the Defendant’s assertion of unfair sentencing is: (a) each of the instant crimes committed on December 2012, 201; (b) the Defendant sought a store operated by the victim on two occasions on December 2, 2012; (c) obstructed the business of selling goods by the victim; (d) intimidation the victims for the purpose of retaliation in connection with criminal investigations against the Defendant over a total of five occasions from December 21, 2012 to January 7, 2013; and (e) assault or intimidation the victims on or around January 5, 2013; (c) the offense was inferior in light of the circumstances and method of the relevant crime; and (d) the Defendant was sentenced to a suspended sentence of two years on December 7, 201; and (e) on September 26, 2012, each of the instant crimes committed several times, even though there were several criminal records imposed by the Jeju District Court having been sentenced to criminal punishment for the same kind of crime, such as the crime.