(영문) 인천지방법원 2018.05.10 2018노335 | 리걸엔진

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자간(%)

(영문) 인천지방법원 2018.05.10 2018노335

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake; the Defendant agreed to do so at the lower court’s stage; and the instant crime is in a concurrent relationship with the victim with the crime of destroying property established on December 1, 2017 and the crime of destroying property established on December 1, 2017, and with the group subsequent to Article 37 of the Criminal Act, and that the punishment should be determined in consideration of the equity among the cases where the judgment is to be rendered simultaneously pursuant to Article 39(

However, the crime of this case was committed under the influence of alcohol by the Defendant, and its nature is not good. The Defendant had the record of criminal punishment more than 10 times for the same crime and violence-related crimes, the Defendant was indicted for the crime of destroying property that was established earlier, and was pending in a criminal trial, but rather committed the crime of this case without being aware of it. The lower court seems to have committed the crime of this case. The lower court, considering the aforementioned favorable circumstances, deemed to have been punished by a fine for the Defendant, without any special circumstances that may be newly considered after the sentence of the lower judgment, and there is no other change of circumstances that may be newly considered after the sentence of the lower judgment, and taking full account of all other circumstances, such as the Defendant’s age, sexual behavior, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

참조조문

-형법 제39조 제1항

유사 판례

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