업무방해등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Mental and physical disorder: The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.
B. Unreasonable sentencing: The sentence of the lower court (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, it does not seem that the Defendant was in a state where the Defendant was unable to discern things or make decisions due to drinking, or was in a state of lacking the ability to discern things or make decisions due to drinking, in full view of the circumstances leading to the instant crime, the means and methods of the crime, and the Defendant’s actions before and after the instant crime, although it was found that the Defendant had been under drinking prior to the instant crime.
Therefore, this part of the defendant's argument is without merit.
B. The defendant's wrong determination on the assertion of unfair sentencing is recognized, and the circumstances agreed with some victims have been recognized in the trial.
However, the Defendant was sentenced to a suspended sentence of six months on July 17, 2013 for the crime of obstruction of performance of official duties, and the Defendant was sentenced to a suspended sentence of one year on August 14, 2013 for the crime of violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) on August 14, 2013, but was sentenced to a suspended sentence of one year on June, 200, again committed the instant crime only for 203 months after the judgment was sentenced, and the sentencing conditions on the records and arguments of the instant case, such as the motive and content of each of the instant crimes, are considered as inappropriate.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.