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(영문) 인천지방법원 2017.12.01 2017노3148
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical loss or mental weak condition under the influence of alcohol at the time of committing each of the instant crimes.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the content of each of the instant crimes established by the evidence duly adopted and examined by the lower court, the Defendant’s conduct before and after the commission of the crime, the statement made in the investigative agency, etc., the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

Since the above argument cannot be seen, it is rejected.

B. Although there are extenuating circumstances to consider the fact that the above victim does not want the punishment of the defendant under an agreement with the victim C, and the amount of damage caused by the fraud of this case is small amount, the lower court appears to have determined the punishment of the defendant by fully considering such circumstances. Since there are no particular changes in circumstances that can be reflected in sentencing after the lower court sentenced, the above assertion is rejected.

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

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