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(영문) 인천지방법원 2015.08.18 2015노2413
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime under the influence of alcohol and in without memory. Therefore, at the time of the instant crime, the Defendant was in a state of mental disability at the time of the instant crime.

B. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment below and the evidence duly admitted and examined by the court below as to the claim of mental disability, it is found that the defendant was aware that he had drinking at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the means and method of the crime of this case, and the circumstances before and after the crime of this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case, and there is no other evidence to deem that the defendant

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of unfair sentencing, the defendant confessions the victim on the assertion of unfair sentencing, and the fact that some victims have agreed with each other is favorable, there are many same kinds of criminal records, repeated crimes during the period of suspension of execution, the victims did not reach an agreement with some of the victims, and other circumstances that are conditions for sentencing, including the defendant's age, character and conduct, the motive, means and methods of the crime of this case, and the circumstances after the crime, are too unreasonable. Thus, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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