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(영문) 서울남부지방법원 2017.07.20 2016노1489
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant alleged mental and physical disorder has committed the instant crime under the condition of loss of mental and physical capacity or mental weakness, the responsibility should be dismissed or the punishment should be mitigated.

B. In light of the fact that the defendant alleged unfair sentencing had been sentenced to death while paying the amount of credit to the victim in full, and that the victim did not want to be punished against the defendant, the punishment sentenced by the court below (one million won) is too unreasonable.

2. Determination

A. In light of the background leading up to the Defendant’s committing the instant crime, the means and method of committing the instant crime, and the circumstances before and after the instant crime, etc., the Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime.

shall not be determined.

The defendant's mental disorder is without merit.

B. In our criminal litigation law, which takes the trial-oriented principle and the principle of direct determination on the unfair argument of sentencing, where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). In this case, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment.

Even though the defendant had been punished several times for violent crimes, the defendant committed the crime of this case.

On the other hand, the defendant agreed with the victim in the investigation stage, and the victim does not want to be punished against the defendant.

In addition, in full view of all the sentencing circumstances in the records and arguments of this case, including the age, sex, environment, etc. of the defendant including favorable or unfavorable circumstances to the defendant, the sentence of the court below is too excessive even considering the circumstances asserted by the defendant on the grounds of appeal.

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