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(영문) 수원지방법원 2015.09.11 2015노4392

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, while under the influence of alcohol at the time of each of the instant crimes, was in a state of mental disorder or mental disorder, was in a state of mental disorder, and the lower court erred.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was aware of drinking alcohol at the time of each of the crimes of this case, in light of the defendant's usual amount of drinking, the circumstances, means, methods and places of each of the crimes of this case, the defendant's behavior before and after the crime of this case, and the circumstances after the crime of this case, it does not seem that the defendant was in a state that he did not have the ability to discern things or make decisions due to drinking,

Therefore, the defendant's mental disorder is without merit.

B. The Defendant’s confessions and reflects each of the instant crimes, and the victim D of the crime of interference with business committed on November 24, 2014 does not want the Defendant’s punishment. The mere fact that the defrauded of each of the instant fraud is relatively minor is favorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant was sentenced to eight months of imprisonment for the same kind of crime in 2013 and the Defendant again went to commit each of the instant crimes even after the execution of the sentence was completed; (b) there is a high possibility of criticism in the sense that he/she again went to commit each of the instant crimes; (c) the injury to the victims other than the aforementioned D excluding D was recovered or was not used therefrom; and (d) the Defendant’s character, conduct, age, family relationship, motive and background of the crime, means and consequence of the crime; and (e) the sentencing conditions indicated in the records, such as

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.