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(영문) 수원지방법원 2020.10.14 2020노3818
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence admitted by the court below as to the assertion of mental disorder, it is recognized that the defendant was not in a state of mental disorder or mental disability at the time of each of the instant crimes

The assertion of mental disorder is without merit.

B. In a case where there is no change in the conditions of sentencing compared with the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court should respect the sentencing of the first instance court.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no significant change in sentencing conditions compared to the original judgment. In full view of the following: (a) the Defendant’s age and happiness environment; (b) relationship with victims; (c) details and details of each of the instant crimes; and (d) the circumstances after each of the instant crimes, etc., the lower court’s punishment is too unreasonable.

There is no reason to assert unfair sentencing.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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