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(영문) 서울북부지방법원 2017.07.07 2017노992

업무방해

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 mental and physical loss or mental weakness by drinking alcohol.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, the defendant seems to have a drinking condition at the time of the crime of this case.

However, in light of the circumstances leading to the crime, the means and methods of the crime, the circumstances before and after the crime, etc., the defendant had no or weak ability to discern things or make decisions at the time of the crime.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances that may consider the sentencing of the defendant after the judgment of the court below regarding the wrongful assertion of sentencing (the injured party submitted a written application not to impose a second punishment to the appellate court, but this appears to have been considered in the court below). Examining the sentencing conditions and the reasons for sentencing of the judgment of the court below as stated in the records and the theory of changes in the records of this case, considering all the circumstances asserted by the defendant on the grounds of appeal, it

We do not accept the defendant's unfair argument of sentencing.

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