beta
(영문) 서울남부지방법원 2017.08.11 2016노1358

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the Defendant committed the instant crime in a state that the Defendant had no or weak ability to discern things at the time of committing the instant crime.

Therefore, this part of the defendant's assertion is not accepted.

B. When comprehensively considering the various matters and the applicable sentences, etc., which are the conditions for sentencing in the trial on the unfair argument of sentencing, the judgment of the court below is deemed to belong to the reasonable scope of discretion, and there is a change in the conditions of sentencing in the trial at the time of the trial.

Considering the fact that the sentencing of the defendant is not visible, the sentence of the court below is too unreasonable because it is too unreasonable. Thus, the defendant's improper assertion of sentencing is also groundless.

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.