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(영문) 서울서부지방법원 2017.08.17 2017노537

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental or physical weakness or loss under the influence of alcohol at the time of committing the crime.

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

2. Determination

A. As to the assertion of mental or physical disorder, the Defendant asserted the same purport in the lower court, and the lower court rejected the Defendant’s allegation on the grounds that the lower court stated the judgment on the assertion under the title “determination on loss of mental or physical disorder or non-existence of mental or

Examining the judgment of the court below in comparison with the records, the judgment of the court below is justified.

Therefore, this part of the defendant's assertion is rejected.

B. Although the defendant's wrong assertion of sentencing is against his/her own mistake, and the victim has a favorable condition that does not want the punishment against the defendant, the defendant has been punished by violence and interference with business several times, and the defendant started to repeat another crime of interference with business again only one month after the suspension of execution was sentenced even though he/she had been ordered to suspend the execution of imprisonment due to interference with business, and in light of other records and various conditions of sentencing as shown in the arguments, such as the defendant's age, sexual behavior, environment, and circumstance of the crime, etc., it cannot be said that the sentence imposed by the court below is too unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

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.