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(영문) 창원지방법원 2017.01.19 2016노3048

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state that, due to drinking, the Defendant had weak ability to discern things or make decisions.

B. The punishment of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below, the defendant's assertion of mental and physical weakness is acknowledged as having drinking alcohol at the time of each of the crimes in this case, but in light of the circumstances leading to the crime, the method and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant's assertion has reached a state where the defendant lacks the ability to discern things or make decisions. Thus, the defendant's assertion is without merit.

B. We examine the determination of the unfair argument of sentencing: (a) the Defendant’s confession and confession of the offense; (b) the agreement is reached with the victims; (c) the degree of injury suffered by the victim B is not much serious; and (d) the Defendant also suffered injury requiring treatment for about four weeks from the victim B is a favorable reason for sentencing; (b) the Defendant has committed 14 times criminal records and has the record of being punished for obstruction of duties and damage to property; and in particular, the Defendant committed the crime during the period of repeated offense due to the crime of violation of the Punishment of Violences, etc. Act (Habitual injury).

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.