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(영문) 서울서부지방법원 2013.10.08 2013노820
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Mental health and injury: The Defendant was in a state of mental health and injury, with uneasiness and excessive symptoms at the time of committing each of the instant crimes.

B. Unreasonable sentencing: The imprisonment of the court below is too heavy.

2. According to the records of the judgment on the claim of mental disability, it is not deemed that the defendant had the ability to discern things or make decisions due to ineasible symptoms or over-the-counter symptoms at the time of committing the crime of this case, in full view of the following: although the defendant was found to have received a mental and medical treatment for about 30 years prior to it, he did not receive a mental disorder and treatment thereafter, and performed work at a normal construction site as well as the method and method of committing the crime of this case; the defendant's attitude and words before and after committing the crime of this case; and therefore, the defendant's above assertion is without merit.

3. It is an element of sentencing favorable to the defendant, such as the fact that there is a family member to support the defendant's argument of unfair sentencing, the fact that there is no significant damage from the crime of this case, and some victims do not want punishment against the defendant

However, in full view of the various sentencing conditions shown in the argument of this case, the sentence imposed by the court below on the defendant is within the proper sentencing range, including the fact that the defendant has already been subject to criminal punishment several times for the same crime, and the defendant has committed robbery as stated in the first head of the judgment of the court below, even though he/she is a repeated crime.

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

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