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(영문) 인천지방법원 2015.09.01 2015노2834
업무방해
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 without a mental disorder. Therefore, at the time of the said crime, the Defendant was in a state of mental disability at the time of the said crime.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

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

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing, the defendant is led to the confession of the defendant, the victim's failure to want the punishment against the defendant by mutual consent with the victims, or the defendant committed the crime of this case again despite the fact that the defendant had been punished eight times by the same kind of crime, and the defendant seems to have weak compliance awareness in light of the majority of criminal records, and other circumstances, including the defendant's age, character and conduct, motive, means and method of the crime of this case, and the circumstances after the crime, which are conditions for sentencing, are too unreasonable.

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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