업무방해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) At the time of each of the instant crimes, the Defendant was under the influence of alcohol so as to have the ability to discern things or make decisions.
2) The sentence of the lower court (six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. According to the records on the Defendant’s argument of mental and physical weakness, it is recognized that the Defendant was somewhat drinking at the time of committing each of the instant crimes.
However, the defendant was not under the influence of alcohol at the investigative agency at the time of each of the crimes in this case.
In light of the fact that the defendant made a statement and made a statement after specifically memorying the situation at that time and before and after that time, it cannot be seen that the defendant had reached a state where the defendant lacks the ability to discern things or make a decision. Therefore, the defendant's mental and physical weakness argument is without merit.
B. The fact that the defendant made a judgment on the unfair argument of sentencing by the defendant and the prosecutor was in the first instance, and that there was an additional agreement with some victims, and that the defendant is both aware of and against the defendant's mistake, is favorable to the defendant.
On the other hand, the fact that the defendant has already been punished for the same kind of crime several times is disadvantageous to the defendant.
In addition, considering the various circumstances revealed in the instant pleadings, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and the circumstances after the crime, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the argument that the sentencing of the Defendant and the prosecutor is unfair is rejected.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.