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(영문) 의정부지방법원 2015.01.09 2014노2718
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 disorder or mental disorder.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was found to have committed the crime of this case under drinking, in view of the background of the crime of this case, the means and method of the crime, the defendant's act before and after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime

not seem to have existed in or weak condition.

Therefore, this part of the defendant's argument is without merit.

B. Although there are circumstances such as the fact that the defendant acknowledges both the crime and agreed with the victim of the crime of interference with business, the defendant not only committed the crime of this case in the past, but also committed the crime of this case during the repeated crime period, and the victim's injury is not good by taking full account of all the circumstances such as the defendant's age, character and behavior, environment, circumstance and contents leading to the crime of this case, and circumstances after the crime, etc., the sentence of the court below cannot be deemed to be undue, considering the following factors: (a) the defendant committed the crime of this case during the repeated crime period without any particular reason; (b) the victim committed the crime of this case; and (c) the victim's disease, which is a dangerous and dangerous object, was committed; and (d) the crime of this case

Therefore, this part of the defendant's assertion is without merit.

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

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