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(영문) 대구고등법원 2017.01.19 2016노597
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of having no mental disease, such as serious apprehensions and infections, and was in a state of lacking the ability to discern things or make decisions.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, the defendant took a drug under the treatment from the 20th university entrance to the 20th university entrance, and was found to have drinking at the time of the crime of this case, in light of the circumstances leading to each of the crimes of this case, the defendant's behavior before and after the crime of this case, the circumstances after the crime of this case, and the fact that the public health clinic stated that the defendant was innocent at the time of each of the crimes of this case (Evidence record 105 pages, 168 pages), but the defendant was under the influence of alcohol at the time of the crime of this case, and there was a lack of ability to discern things or make decisions.

Therefore, this part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the crime of this case was committed by the Defendant on the grounds that the Defendant was subject to criminal punishment on account of the past victim’s report and statement, and the public health clinic where the victim is a public official twice for the purpose of retaliation, thereby threatening the victim and obstructing the performance of official duties.

As a result, the victim seems to have suffered a big mental impulse.

The Defendant has been punished by a fine due to a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) in 2011, and even around 2012, there was a past record of being sentenced to a suspended sentence due to a violation of the performance of official duties, and on three days after being sentenced to the suspended sentence, there was also a record of being sentenced to a criminal punishment due to a violation of the said Punishment Act (a collective weapon, etc.).

Although the defendant is waiting for committing a crime, and is against the defendant's fault.

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