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(영문) 인천지방법원 2017.02.10 2016노4623
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from alcohol addiction at the time of each of the instant crimes, and was in a state of mental and physical loss or mental weakness under the influence of alcohol.

B. The lower court’s sentence (10 months of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of each of the crimes in this case, considering the background, process of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant had no or weak ability to discern things, so the defendant's mental disorder argument is without merit.

B. It is recognized that the defendant recognized all the criminal facts of the crime, and agreed with the victim of the damage to property in the first instance. However, considering the content of the crime, the victim's age, etc., the defendant was not less and less subject to punishment, and the defendant committed each of the crimes of this case during the repeated crime period, and committed only 3 days after the completion of the punishment, and the crime of interference with the duties of the court was committed in light of the defendant's criminal records, the risk of recidivism is high, the defendant's age, sex and environment, motive, means and result of the crime, and the circumstances after the crime were committed, etc., the defendant's improper assertion of sentencing is not reasonable.

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

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