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(영문) 인천지방법원 2015.01.28 2014노4557
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability at the time of committing the instant crime.

B. The victim’s statement that misunderstanding of legal principles or the defendant of unreasonable sentencing found the victim three times on the day of the instant crime is false, and the investigating police stated differently from the defendant’s occupation. While the defendant agreed to the instant crime and the previous crime, the court below, which did not properly reflect such fact, erred by violating statutes or misunderstanding of legal principles, thereby adversely affecting the conclusion of the judgment, and the sentence is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below, it may be recognized that the defendant was in a state of mental disorder or mental disorder at the time of committing the instant crime. However, the defendant did not seem to have been in a state of mental disorder or mental disorder due to the drug or alcohol at the time of committing the instant crime. Therefore, the above argument by the defendant is without merit.

B. Considering the misapprehension of legal principles or the fact of the Defendant’s assertion of unreasonable sentencing, the lower court’s punishment is too unreasonable in light of the following: (a) the lower court did not err by violating statutes or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment; and (b) all the sentencing conditions and the Defendant’s criminal records and arguments in the instant records and arguments; and (c) the repeated offense period was committed against the victim.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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