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(영문) 대구지방법원 2018.04.05 2018노567
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

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

2. Determination

A. In light of the background leading up to the instant crime, the means and method thereof, the Defendant’s attitude and behavior before and after the commission of the crime, and the circumstances after the commission of the crime, etc. acknowledged by the evidence examined by the lower court as to the assertion of mental and physical disorder, it is recognized that the Defendant had drinking alcohol at the time of the crime, but the Defendant had no or weak ability to discern things or make decisions.

shall not be deemed to exist.

B. The Defendant did not want to punish the said victim under an agreement with the victim G.

However, the defendant has been sentenced several times of punishment for the same crime, and in particular, sentenced to punishment for the crime such as retaliation intimidation, and committed the crime of this case during the period of repeated crime.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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