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(영문) 서울서부지방법원 2015.09.10 2015노663
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under the influence of alcohol at the time of the instant crime, and was in a state of mental disability. 2) The sentence sentenced by the lower court of unreasonable sentencing (hereinafter “fine 3 million won”) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the records on the Defendant’s claim of mental disability, even though the Defendant was in a state of drinking alcohol at the time of committing the instant crime, it cannot be said that the Defendant was in a state of lacking the ability to discern things or make decisions, in light of various circumstances, such as the Defendant’s main volume, the background, means and method of committing the instant crime, and the conduct before and after the

Therefore, the defendant's above assertion is without merit.

B. We also examine the Defendant and prosecutor’s assertion of unfair sentencing regarding the Defendant and prosecutor’s assertion of unfair sentencing.

The crime of this case was committed by the defendant while the defendant obstructed the operation of the hotel by avoiding the operation of the hotel at the hotel, and it was necessary to strictly punish the defendant because it obstructed legitimate performance of official duties, such as breaking the fals of the police officer dispatched upon receipt of a report, and breaking the shoulder and selling the shoulder, etc., which interfered with public order.

However, the defendant's mistake is recognized in depth, and the defendant's family members as well as his family members are well-known, and the defendant has been leading the defendant while complaining of his wife, the defendant is the first offender who has no criminal power, and the defendant has agreed with the victim D of obstruction of business.

In addition, considering the motive and background of the crime, the circumstances after the crime, the defendant's career, character and conduct, environment, family relationship, and various sentencing conditions as shown in the records and arguments, it cannot be said that the sentence of the court below is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is all.

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