업무방해등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Although the Defendant committed the instant crime under the influence of alcohol at the time of each of the instant crimes, with the absence or weak capacity to distinguish things or make decisions, the lower court did not consider it. In so doing, the lower court erred by misapprehending the legal doctrine, which affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. We examine the argument about mental disorder. In light of the background, process, means and method of the crime of this case, the defendant's act before and after the crime of this case, etc. as revealed by the evidence duly adopted and examined by the court below, it cannot be seen that the defendant was under the influence of alcohol at the time of each crime of this case, and thus, the defendant's allegation above is without merit.
B. Regarding the assertion on unfair sentencing, there is a record of having been sentenced to a fine or a suspended sentence 19 times as a crime by violence, etc., and in particular, the Defendant was sentenced to a suspended sentence 6 months as a result of the crime of interference with business by red support by the Daejeon District Court on September 19, 2012, which became final and conclusive on September 27, 201, and committed the instant crime in which the instant case was committed in a limited period of 2 months, even though the said judgment became final and conclusive on September 27, 2012, and it seems that the Defendant’s measures against the Defendant cannot be expected to have the effect of preventing recidivism, including the Defendant’s age, character, character, occupation, environment, etc., and the Defendant’s punishment is too unreasonable. Therefore, the Defendant’s assertion is without merit.
3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.