(영문) 수원지방법원 2015.03.11 2014노7505 | 리걸엔진

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(영문) 수원지방법원 2015.03.11 2014노7505

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime under the influence of alcohol and lacks the ability to discern things or make decisions, and there are legal grounds for reduction or exemption.

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

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., as to the assertion of mental disability, which was duly adopted and examined by the lower court, were often drinking, but it does not seem that the Defendant had weak ability to discern things or make decisions at the time of the instant crime, and thus, the above assertion by the Defendant is rejected.

B. As to the assertion of unfair sentencing, the Defendant’s confessions all of the instant crimes and reflects on the assertion of unfair sentencing should be considered.

However, the Defendant, at the Suwon District Court on May 31, 2013, sentenced two years of suspension of execution to eight months of imprisonment for the crime of obstruction of performance of official duties, and the judgment became final and conclusive on June 8, 2013, and committed the instant crime without being aware of the fact that the Defendant had been punished several times for the same crime of interference with business as the instant crime of interference with business, as well as the fact that the Defendant was punished several times by the same crime of interference with business as the instant crime of interference with business during the period of suspension of execution, and that there was the fact that the Defendant was punished by a fine for the crime of suspension of execution, and that no measures have been taken for the recovery of victims’ age and happiness environment, etc., the Defendant’s above assertion is rejected.

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

참조조문

-형사소송법 제364조 제4항

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