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(영문) 광주지방법원 2021.03.18 2021노136
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a mental and physical state due to drinking.

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

2. Determination:

A. As to the assertion of mental and physical weakness, the Defendant asserted that he had reached the instant crime under the lack of the ability to discern things or make decisions due to a breathous relationship. However, in light of the details and detailed method of each of the instant crimes, the Defendant’s speech and attitude before and after the instant crime, etc., the Defendant was in a state of loss or lack of the ability to discern things or make decisions due to drinking at the time of the instant crime.

Therefore, this part of the defendant's assertion is without merit, since there is no other evidence to acknowledge the defendant's argument.

B. In light of the favorable circumstances such as the fact that the defendant recognized the crime as to the unfair argument of sentencing, the victim C's business owner D and E's business owner G agreed with the victim C's business owner, and the victim's failure to punish the defendant, the damage caused by the obstruction of the defendant's business, the defendant's work in good faith, and the fact that the defendant seems to have made efforts to lead his livelihood, the defendant has a number of criminal records up to 39 times, such as the criminal punishment records, and among them, there are considerable records of punishment. Among them, the crime of this case was committed on the day after the defendant was sentenced to imprisonment with prison labor for the same kind of crime and was released from the prison, and the crime of this case was committed during the period of repeated crime, and the defendant was detained by the detention of this case, which is highly likely to repeat the crime of the same kind of crime, and the victim and the defendant did not reach an agreement again, and the defendant did not voluntarily withdraw from the prison.

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